Cap. 159 sub. leg. Z

Legal Practitioners (Risk Management Education) Rules(Cap. 159, section 73)(Enacting provision omitted—E.R. 2 of 2019) [14 March 2003](Format changes—E.R. 2 of 2019) 1. (Omitted as spent—E.R. 2 of 2019) 2. Interpretation (1) In these Rules, unless the context otherwise requires—elective course (選修課程) means an RME course specified as such under section 4(3)(c)(iii);exempted practice year (獲豁免執業年度) has the meaning assigned to it in section 8(1);first practice year (首個執業年度), in relation to a person to whom these Rules apply, means the practice year in which these Rules first apply to him;foreign lawyer (外地律師) means a person registered as a foreign lawyer under Part IIIA of the Ordinance and is practising as such in a Hong Kong firm;general core course (一般必修課程) means an RME course specified as such under section 4(3)(c)(i);practice year (執業年度) means the period of 12 months ending on 31 October each year; principal (主管) means— (a) a solicitor who is carrying on a business of practising as such in his own name in Hong Kong; (b) a solicitor who is practising as the sole practitioner or a partner of a Hong Kong firm; or (c) any other solicitor who is held out or holds himself out to be a person referred to in paragraph (a) or (b); principal’s core course (主管必修課程) means an RME course specified as such under section 4(3)(c)(ii);Programme (計劃) means the Risk Management Education Programme described in section 4(1) and (2);risk management (風險管理) means any action or plan of action the objective of which is to minimize the risk of a person’s exposure to claims against him in the course of his professional practice and to reduce the extent of loss which may arise from such claims; RME course (風險管理課程) means any workshop, lecture, seminar, course, programme of instruction or any other activity conducted— (L.N. 278 of 2008) (a) under section 4(3)(a); (b) with an authorization given under section 4(3)(b)(i); or (c) with an approval given under section 4(3)(b)(ii); solicitor (律師) means a person who is qualified to practise as a solicitor under section 7 of the Ordinance and is carrying on the business of practising as such in his own name in Hong Kong or practising as such in a Hong Kong firm;trainee solicitor (實習律師) has the meaning assigned to it in rule 2 of the Trainee Solicitors Rules (Cap. 159 sub. leg. J).(2) In sections 5, 6 and 7, a requirement to complete any RME course shall be construed as a requirement to complete the RME course to the satisfaction of the Society. (L.N. 278 of 2008) 3. Application These Rules apply to any solicitor, trainee solicitor and foreign lawyer.(L.N. 238 of 2003) 4. Risk Management Education Programme (1) The Society shall implement a programme of training on risk management known as the “Risk Management Education Programme”. (E.R. 2 of 2019)(2) The Programme shall consist of general core courses, principal’s core courses and elective courses.(3) The Society may, for the purposes of the Programme—(a) conduct any course on risk management;(b) subject to such conditions as it considers necessary—(i) authorize another person or organization to conduct any course on risk management; or(ii) approve any course on risk management conducted by another person or organization;(c) specify any RME course to be—(i) a general core course;(ii) a principal’s core course; or(iii) an elective course;(d) provide guidelines from time to time as to the implementation of the Programme and compliance with these Rules, including guidelines setting out matters it proposes to have regard to in determining whether a person has completed an RME course to the satisfaction of the Society. (L.N. 278 of 2008) 5. Requirement to complete general core course (L.N. 278 of 2008)(1) A person who becomes a solicitor, a trainee solicitor or a foreign lawyer shall, within the practice year specified in subsection (2), complete all general core courses.(2) The practice year specified for the purposes of subsection (1) is—(a) the first practice year of the solicitor, trainee solicitor or foreign lawyer; or(b) if the practice year referred to in paragraph (a) is an exempted practice year, the first succeeding practice year which is not an exempted practice year.(3) Subsection (1) does not apply to any person who, during the practice year within which he would otherwise be required under that subsection to complete all general core courses, is also required under section 6 to complete all principal’s core courses.(4) Subsection (1) does not apply to any person who has previously completed all general core courses or all principal’s core courses.(L.N. 278 of 2008) 6. Requirement to complete principal’s core course (L.N. 278 of 2008)(1) A solicitor who becomes a principal shall, within the practice year specified in subsection (2), complete all principal’s core courses. (L.N. 278 of 2008)(2) The practice year specified for the purposes of subsection (1) is—(a) the principal’s first practice year;(b) the practice year in which he first becomes a principal; or(c) if the practice year referred to in paragraph (a) or (b) is—(i) an exempted practice year; or(ii) a practice year during which he is a principal for less than 100 days,the first succeeding practice year which is not an exempted practice year and during which he is a principal for 100 days or more. 7. Requirement to complete elective course (L.N. 278 of 2008)(1) A person to whom these Rules apply shall, within each practice year other than a practice year specified in subsection (3), complete at least 3 hours of elective courses.(2) Where a solicitor or a foreign lawyer fails to comply with subsection (1) in any practice year, he shall, within that practice year and the first succeeding practice year which is not a practice year specified in subsection (3), complete at least 6 hours of elective courses.(3) The practice year specified for the purposes of subsections (1) and (2) is—(a) an exempted practice year; or(b) a practice year within which the person concerned is required under these Rules to complete all general core courses or all principal’s core courses.(L.N. 278 of 2008) 8. Exempted practice year (1) For the purposes of these Rules, an exempted practice year, in relation to any person to whom these Rules apply, is any practice year in which—(a) the total period for which these Rules apply to him consists of less than 100 days; or(b) he has been—(i) out of Hong Kong; or(ii) absent from work due to illness,for a continuous period which constitutes 75% or more of the total period for which these Rules apply to him.(2) Where a person to whom these Rules apply asserts that any practice year is an exempted practice year in relation to him, he shall, if so requested by the Society, make a statutory declaration of the facts upon which he makes the assertion. 8A. Society may grant exemption (1) The Society may exempt a person to whom these Rules apply from the requirements under section 5, 6 or 7 wholly or partially in a particular practice year or such longer period as the Society decides.(2) An exemption may be granted—(a) on an application in writing of a person to whom these Rules apply; or(b) on the Society’s own motion.(3) No exemption shall be granted unless the Society is satisfied that it is fair and reasonable in the circumstances of the case to grant the exemption.(4) The Society may attach such conditions as it considers necessary to an exemption.(L.N. 261 of 2006) 9. Record of completion of RME course (L.N. 278 of 2008)(1) A person to whom these Rules apply shall—(a) keep and retain a record of his completion of any RME course in a form specified by the Society; and(b) at the request of the Society—(i) produce to the Society the record referred to in paragraph (a);(ii) furnish the Society with such information relating to his completion of any RME course within such time and in such manner as may be specified by it; and(iii) attend before the Council and furnish the Council with such additional information relating to his completion of any RME course as the Council considers necessary.(2) Any person or organization (other than the Society) conducting an RME course shall keep and retain a record of completion of the participants of the RME course in accordance with the guidelines provided by the Society under section 4(3)(d) concerning the keeping and retaining of such record.(3) The Society may require the person or organization concerned to produce the record of completion of the participants referred to in subsection (2) within 7 days from the completion of the RME course concerned.(L.N. 278 of 2008) 10. Review (1) Any person aggrieved by a decision made by or on behalf of the Society in respect of the Programme may apply in writing to the Council, or to such committee formed under the Council as may be appointed by the Council for the purposes of this section, for a review of the decision within 1 month after he is informed of the decision.(2) The Council, or the committee referred to in subsection (1), shall consider an application made under that subsection and may confirm or vary the decision to which the application relates. 11. (Omitted as spent—E.R. 2 of 2019) 12. Transitional (1) Despite the definition of first practice year in section 2(1), in relation to a solicitor—(a) who was admitted as a solicitor of the High Court on or after 15 September 1990; and(b) who is a principal, or who was a principal on or after 14 March 2003,his first practice year shall end on a date* appointed by the Council by notice published in the Gazette. (L.N. 146 of 2005)(2) In relation to any solicitor other than a solicitor mentioned in subsection (1), or to any trainee solicitor or foreign lawyer, these Rules shall not take effect until such date# as the Council may appoint by notice published in the Gazette.(3) A notice published under subsection (2) may appoint different dates for different classes of persons.(4) Despite the definition of practice year in section 2(1), in relation to a solicitor whose first practice year ends on 31 December 2005 pursuant to a notice under subsection (1), his next practice year shall commence on 1 January 2006 and end on 31 October 2006. (L.N. 146 of 2005)(L.N. 238 of 2003) Editorial Note: * 31 December 2005—see L.N. 153 of 2005. # Solicitor / Trainee Solicitor / Foreign Lawyer Appointed Date Gazette A solicitor who is a principal and who was admitted as a solicitor of the High Court before 15 September 1990 1 November 2005 L.N. 154 of 2005 A solicitor who is not a principal and who was admitted as a solicitor of the High Court before 1 January 2001 1 November 2006 L.N. 187 of 2006 A solicitor who is not a principal and who was admitted as a solicitor of the High Court on or after 1 January 2001 1 November 2007 L.N. 174 of 2007 A trainee solicitor whose first trainee solicitor contract commences on or after 1 November 2008 1 November 2008 L.N. 212 of 2008 A foreign lawyer 1 November 2009 L.N. 165 of 2009