88-557: High Court District Court Magistrates' Court Special courts and tribunals: Chief Executive Elections Legislative elections District council elections Consular missions in Hong Kong Hong Kong–China relations Hong Kong–Taiwan relations The Agriculture, Fisheries and Conservation Department ( Chinese : 漁農自然護理署 ; formerly the Agriculture and Fisheries Department ( 漁農署 ) before 2000, of
176-716: A divisional court consisting of a three- or two-member bench. All judges of the Court of First Instance also serve as members of the Competition Tribunal. The President and Deputy President of the Competition Tribunal (currently Mr Justice Harris and Madam Justice Au-Yeung respectively) are appointed by the Chief Executive on the recommendation of the Judicial Officers Recommendation Commission. The President of
264-506: A barrister to practice in a dual capacity. In some common law jurisdictions, such as New Zealand and some Australian states and territories, lawyers are entitled to practice both as barristers and solicitors, but it remains a separate system of qualification to practice exclusively as a barrister. In others, such as the United States , the distinction between barristers and other types of lawyers does not exist at all. A barrister
352-407: A barrister usually wears a horsehair wig, stiff collar, bands , and a gown. Since January 2008, solicitor advocates have also been entitled to wear wigs, but wear different gowns. In many countries the traditional divisions between barristers and other legal representatives are gradually decreasing. Barristers once enjoyed a monopoly on appearances before the higher courts, but particularly within
440-735: A case in a courtroom situated in the District Court building. This is similar to England , where the High Court sometimes sits outside London in County Courts which act as High Court District Registries. In the Jimmy Lai case, the prosecution asked the High Court for an adjournment from 1 December 2022 to 8 December 2022; the High Court added a few more days and adjourned it until 13 December 2022. On 13 December 2022,
528-461: A client in administrative tax appeals) and patent agents ( "benrishi" , qualified to practice patent registration and represent a client in administrative patent appeals). Only the lawyers ( bengoshi ) can appear before the court and are qualified to practice in any areas of law, including, but not limited to, areas that those qualified law-related professionals above are allowed to practice. Most attorneys still focus primarily on court practice and still
616-428: A fixed term of a few years and sit for a few weeks in a year. Recorders may exercise all the jurisdiction, powers and privileges of a full-time Judge of the Court of First Instance. The recordership scheme was introduced in 1994 to encourage experienced practitioners who are willing to sit as a High Court Judge for a few weeks every year, but are not prepared to commit themselves to a permanent, full-time appointment. It
704-405: A fused profession, arguing and preparing cases in contentious matters, whereas Quebec's other type of lawyer, civil-law notaries ( notaires ), handle out-of-court non-contentious matters. However, a number of areas of non-contentious private law are not monopolized by notaries so that attorneys often specialize in handling either trials, cases, advising, or non-trial matters. The only disadvantage
792-537: A housing allowance at HK$ 163,525 per month. As of 1 April 2020, Recorders and Deputy High Court Judges receive honoraria at a daily rate of HK$ 11,765. The retirement age of full-time High Court Judges is 70. However, the term of office can be extended further up to the age of 75. The Chief Judge of the High Court is the Court Leader of the High Court and the President of the Court of Appeal. The Chief Judge
880-542: A lawyer who represented the client in the lower courts. However, these restrictions do not apply to criminal cases, nor to pleadings at courts of the other court systems, including labour, administrative, taxation, and social courts and the European Union court system. The legal profession in Hong Kong is also divided into two branches: barristers and solicitors. In the High Court of Hong Kong (including both
968-632: A less formal arrangement but this is not compulsory. Devils are not generally paid for their work in their devilling year. Israel In Israel, there is no distinction between barristers and solicitors. Japan adopts a unified system. However, there are certain classes of qualified professionals who are allowed to practice in certain limited areas of law, such as scriveners ( shiho shoshi , qualified to handle title registration, deposit, and certain petite court proceedings with additional certification), tax accountants ( zeirishi , qualified to prepare tax returns, provide advice on tax computation and represent
SECTION 10
#17327808728541056-453: A political party is acceptable). All High Court Judges (regardless of whether they are full-time Judges, Recorders or Deputy Judges on temporary appointment) are addressed in court as "My Lord" or "My Lady". In court judgments and decisions, Vice Presidents of the Court of Appeal are referred to as '[surname] VP' or '[surname] V-P' (or in the plural as '[surname] and [surname] V-PP'). Justices of Appeal are referred to as '[surname] JA' (or in
1144-560: A separate qualification) and who retain exclusivity over conveyancing and probate. After the 1971 and 1990 legal reforms, the avocat was fused with the avoué and the conseil juridique , making the avocat (or, if female, avocate ) an all-purpose lawyer for matters of contentious jurisdiction, analogous to an American attorney. French attorneys usually do not (although they are entitled to) act both as litigators (trial lawyers) and legal consultants (advising lawyers), known respectively as avocat plaidant and avocat-conseil . This distinction
1232-513: A single state bar council to practise in India. However, this does not restrict a barrister from appearing before any court in India. For all practical and legal purposes, the Bar Council of India retains with it, the final power to take decisions in any and all matters related to the legal profession on the whole or with respect to any There are two requirements to practise in India. First,
1320-414: A very small number of attorneys give sophisticated and expert legal advice on a day-to-day basis to large corporations. The Netherlands used to have a semi-separated legal profession comprising the lawyer and the procureur , the latter resembling, to some extent, the profession of barrister. Under that system, lawyers were entitled to represent their clients in law, but were only able to file cases before
1408-574: Is Dr Leung Siu-fai. In January 2022, the AFCD banned the importation of hamsters after some were infected with COVID-19; in January 2023, the AFCD lifted the ban, but required that imported hamsters test negative for the virus. This article about an environmental agency is a stub . You can help Misplaced Pages by expanding it . This article about the three branches of government in Hong Kong
1496-598: Is a stub . You can help Misplaced Pages by expanding it . High Court of Hong Kong The High Court of the Hong Kong Special Administrative Region is a part of the legal system of Hong Kong . It consists of the Court of Appeal and the Court of First Instance ; it deals with criminal and civil cases which have risen beyond the lower courts. It is a superior court of record of unlimited civil and criminal jurisdiction . It
1584-641: Is a growing tendency for practitioners in the bigger practices to specialize in one or the other. In colloquial parlance within the Nigerian legal profession, lawyers may, therefore, be referred to as "litigators" or as "solicitors". Consistent with the practice in England and elsewhere in the Commonwealth, senior members of the profession may be selected for elevation to the Inner Bar by the conferment of
1672-584: Is a lawyer who represents a litigant as an advocate before a court. A barrister speaks in court and presents the case before a judge, with or without a jury. In some jurisdictions, a barrister receives additional training in evidence law, ethics, and court practice and procedure. In contrast, other legal professionals (such as solicitors) generally meet with clients, perform preparatory and administrative work, and provide legal advice. Barristers often have little or no direct contact with their clients. All correspondence, inquiries, invoices, and so on, will be addressed to
1760-399: Is a split between the roles of barrister and solicitor, the barrister in civil law jurisdictions is responsible for appearing in trials or pleading cases before the courts. Barristers usually have particular knowledge of case law, precedent, and the skills to build a case. When another legal professional is confronted with an unusual point of law, they may seek the opinion of a barrister on
1848-631: Is a statutory requirement that the Chief Executive appoint a serving or retired High Court Judge or Deputy High Court Judge to chair the Market Misconduct Tribunal (MMT) and the Securities and Futures Appeals Tribunal (SFAT). At present, Mr Justice Lunn (former Vice President of the Court of Appeal), Mr Justice Hartmann (former Justice of Appeal), Kenneth Kwok SC (former Recorder of the Court of First Instance) and Judge Tallentire (former Deputy High Court Judge) are Chairmen of
SECTION 20
#17327808728541936-560: Is determined by the Chief Executive on the recommendation of the independent Standing Committee on Judicial Salaries and Conditions of Service. As of 1 April 2017, a full-time Judge of the Court of First Instance receives a monthly salary of HK$ 292,650, while a Justice of Appeal receives a monthly salary of HK$ 307,050. The Chief Judge of the High Court receives a monthly salary of HK$ 340,600. Further, full-time Judges are provided with housing in Judiciary Quarters or, alternatively,
2024-460: Is eligible to be appointed as a High Court Judge or Recorder . A person who has practised for at least 5 years as a barrister , advocate , solicitor or judicial officer in Hong Kong or another common law jurisdiction is eligible to be appointed as the Registrar or a Master. Full-time Judges and Recorders , as well as the Registrar and Masters, are appointed by the Chief Executive on
2112-481: Is generally recognised that the first examination is much more difficult than the CAPA and is dreaded by most law students. Each bar is regulated by a Bar Council ( Ordre du barreau ). A separate body of barristers exists called the avocats au Conseil d'Etat et à la Cour de Cassation . Although their legal background, training and status is the same as the all-purpose avocats, these have a monopoly over litigation taken to
2200-478: Is however purely informal and does not correspond to any difference in qualification or admission to the role. All intending attorneys must pass an examination to be able to enrol in one of the Centre régional de formation à la profession d'avocat (CRFPA) (Regional centre for the training of lawyers). The CRFPA course has a duration of two years and is a mix between classroom teachings and internships. Its culmination
2288-524: Is little overlap. In the Australian states of New South Wales , Victoria and Queensland , there is a split profession. Nevertheless, subject to conditions, barristers can accept direct access work from clients. Each state Bar Association regulates the profession and essentially has the functions of the English Inns of Court. In the states of South Australia and Western Australia , as well as
2376-721: Is no formal distinction between barristers and solicitors. All students who pass the bar examinations – offered exclusively by the Nigerian Law School – are called to the Nigerian bar, by the Body of Benchers. Lawyers may argue in any Federal trial or appellate court as well as any of the courts in Nigeria's 36 states and the Federal Capital Territory. The Legal Practitioner's Act refers to Nigerian lawyers as Legal Practitioners, and following their call to
2464-670: Is not usually done for interlocutory applications. Wigs and robes are still worn in the Supreme Court and the District Court in civil matters and are dependent on the judicial officer's attire. Robes and wigs are worn in all criminal cases. In Western Australia, wigs are no longer worn in any court. Each year, the Bar Association appoints certain barristers of seniority and eminence to the rank of "Senior Counsel" (in most States and Territories) or "King's Counsel" (in
2552-406: Is relatively common for the barrister to receive the brief from the instructing solicitor to represent a client at trial only a day or two before the proceeding. Part of the reason for this is cost. A barrister is entitled to a "brief fee" when a brief is delivered, and this represents the bulk of his or her fee in relation to any trial. They are then usually entitled to a " refresher " for each day of
2640-697: Is required to maintain certain standards of conduct and professional demeanour at all times. The Bar Council of India prescribes rules of conduct to be observed by the Barristers in the courts, while interacting with clients and in non-professional settings. In the Republic of Ireland , admission to the Bar by the Chief Justice of Ireland is restricted to those on whom a Barrister-at-Law degree (BL) has first been conferred. The Honorable Society of King's Inns
2728-473: Is responsible for the administration of the High Court and is accountable to the Chief Justice , who is head of the Judiciary . The Chief Judge must be a Chinese citizen who is a Hong Kong permanent resident with no right of abode in any foreign country. The Judges who have held the position of Chief Judge of the High Court of Hong Kong to date are: For pre-1997 Chief Justices, see: Chief Justice of
Agriculture, Fisheries and Conservation Department - Misplaced Pages Continue
2816-400: Is still a rarity in most jurisdictions, partly because barristers with narrow specialisations, or who are only really trained for advocacy, are not prepared to provide general advice to members of the public. Historically, barristers have had a major role in trial preparation, including drafting pleadings and reviewing evidence. In some areas of law, that is still the case. In other areas, it
2904-474: Is that attorneys cannot draw up public instruments that have the same force of law as notarial acts . Most large law firms in Quebec offer the full range of legal services of law firms in common-law provinces. Intending Quebec attorneys must earn a bachelor's degree in civil law, pass the provincial bar examination, and successfully complete a legal internship to be admitted to practice. Attorneys are regulated by
2992-464: Is the stage final (final training), where the intending attorney spends six months in a law firm (generally in their favoured field of practice and in a firm in which they hope to be recruited afterwards). The intending attorney then needs to pass the Certificat d'Aptitude à la Profession d'Avocat (CAPA) , which is the last professional examination allowing them to join a court's bar ( barreau ). It
3080-671: Is the Bangladesh Legal Practitioners and Bar Council Order as administered and enforced by the Bangladesh Bar Council. The Bar Council is the supreme statutory body that regulates the legal professions in Bangladesh and ensures educational standards and regulatory compliance of advocates. Newly enrolled advocates are permitted to start practice in the district courts after admission. After two years of practice, advocates may apply to practice in
3168-548: Is the only educational establishment which runs vocational courses for barristers in the Republic and degrees of Barrister-at-Law can only be conferred by King's Inns. King's Inns are also the only body with the capacity to call individuals to the bar and to disbar them. Most Irish barristers choose to be governed thereafter by the Bar of Ireland , a quasi-private entity. Senior members of the profession may be selected for elevation to
3256-700: The Australian Capital Territory , the professions of barrister and solicitor are fused, but an independent bar nonetheless exists, regulated by the Legal Practice Board of the state or territory. In Tasmania and the Northern Territory , the profession is fused, although a very small number of practitioners operate as an independent bar. Generally, counsel dress in the traditional English manner (wig, gown, bar jacket and jabot ) before superior courts, although this
3344-530: The Bar Council of India . Under the act, the council is the supreme regulatory body for the legal profession in India, ensuring the compliance of the laws and maintenance of professional standards by the legal profession in the country. The council is authorised to pass regulations and make orders in individual cases. Each state has a bar council whose function is to enrol barristers practising predominantly within that state. Each barrister must be enrolled with
3432-492: The Chief Justice . The Electoral Affairs Commission must appoint a Judge of the Court of Final Appeal or a High Court Judge to act as returning officer for elections for the Chief Executive of Hong Kong . Similarly, it is a statutory requirement that the Chief Executive appoint a serving or retired High Court judge to be Commissioner on Interception of Communications and Surveillance (currently Mr Justice Suffiad). The Chief Executive also appoints three to six Judges of
3520-496: The Court of First Instance and the Court of Appeal ) and the Hong Kong Court of Final Appeal , as a general rule, only barristers and solicitor-advocates are allowed to speak on behalf of any party in open court. This means that solicitors are restricted from doing so. In these two courts, save for hearings in chambers, barristers dress in the traditional English manner, as do the judges and other lawyers. In Hong Kong,
3608-593: The Department of Justice are subject to a 'sanitisation' period of 6 months upon appointment. During this period, the judge does not deal with any criminal trials or appeals or any civil cases involving the Government to maintain judicial independence and impartiality. Upon appointment as a full-time High Court Judge, one must give an undertaking not to return to practise in future as a barrister or solicitor in Hong Kong. The remuneration of High Court Judges
Agriculture, Fisheries and Conservation Department - Misplaced Pages Continue
3696-685: The Hong Kong Government is responsible for agriculture and fisheries in Hong Kong , conservation projects and issues, and managing the country parks and special areas . It currently reports to the Environment and Ecology Bureau , though previously it was under the Secretary for Food and Health from 2007 to 2022, Secretary for Health, Welfare and Food and Secretary for the Environment, Transport and Works , and before 2000,
3784-467: The Inn of Court to which they belong. In some countries, there is external regulation. Inns of Court, where they exist, regulate admission to the profession. Inns of Court are independent societies that are responsible for the training, admission, and discipline of barristers. Where they exist, a person may only be called to the bar by an Inn, of which they must be a member. Historically, call to and success at
3872-548: The Lands Tribunal must be a High Court Judge (currently Madam Justice Lisa Wong) and is appointed by the Chief Executive . High Court judges also serve a number of other public service roles. It is a statutory requirement that the Electoral Affairs Commission be headed by a chairman who is a High Court judge (currently Mr Justice Lok) appointed by the Chief Executive in consultation with
3960-497: The Secretary for Economic Services . The department is also responsible for issuing special, transshipment and pet import permits for pet animals , plants to be transshipped through or imported into Hong Kong . The name and remit of the department was previously: The department is headed by the Director of Agriculture, Fisheries and Conservation (titled Director of Agriculture and Fisheries before 2000). The current director
4048-518: The United Kingdom this is no longer true. Solicitor-advocates and qualified chartered legal executives can generally appear on behalf of clients at trial. Increasingly, law firms are keeping even the most advanced advisory and litigation work in-house for economic and client relationship reasons. Similarly, the prohibition on barristers taking instructions directly from the public has also been widely abolished. But, in practice, direct instruction
4136-465: The procureur as a separate profession was abolished and its functions merged with the legal profession in 2008. Currently, lawyers can file cases before any court, regardless of where they are registered. The only notable exception concerns civil cases brought before the Supreme Court , which have to be handled by lawyers registered at the Supreme Court, thus gaining from it the title "lawyer at
4224-425: The 14th century and during the course of the 19th and 20th in particular, French barristers competed in territorial battles over respective areas of legal practice against the conseil juridique (legal advisor, transactional solicitor) and avoué (procedural solicitor), and expanded to become the generalist legal practitioner, with the notable exception of notaires (notaries), who are ministry appointed lawyers (with
4312-433: The Bar , Nigerian lawyers enter their names in the register or Roll of Legal Practitioners kept at the Supreme Court. For this reason, a Nigerian lawyer is often referred to as a Barrister and Solicitor of the Supreme Court of Nigeria, and many Nigerian lawyers term themselves Barrister-at-Law with the postnominal initials "B.L". The vast majority of Nigerian lawyers combine contentious and non-contentious work, although there
4400-469: The Bar of Ireland's Law Library. To practise under the Bar of Ireland's rules, a newly qualified barrister is apprenticed to an experienced barrister of at least seven years' experience. This apprenticeship is known as pupillage or devilling . Devilling is compulsory for those barristers who wish to be members of the Law Library and lasts for one legal year. It is common to devil for a second year in
4488-540: The Canadian legal profession, lawyers often term themselves as "litigators" (or "barristers"), or as "solicitors", depending on the nature of their law practice though some may in effect practise as both litigators and solicitors. However, "litigators" would generally perform all litigation functions traditionally performed by barristers and solicitors; in contrast, those terming themselves "solicitors" would generally limit themselves to legal work not involving practice before
SECTION 50
#17327808728544576-482: The Court of Appeal, including as a single Judge (for example, when determining applications for leave to appeal in criminal cases). Cases in the Court of First Instance are usually heard by a single Judge, though important cases may be heard by a bench consisting of more than one Judge, although this is very rare. This practice is similar to the English High Court , where important cases may be heard by
4664-408: The Court of First Instance (currently Mr Justice Fung , Mr Justice Bharwaney and Madam Justice Lisa Wong) on the recommendation of the Chief Justice to serve as panel judges handling interception and surveillance authorisation requests from law enforcement agencies. Further, it is a statutory requirement that the Chief Executive appoint at least 2 serving or retired High Court Judges as members of
4752-611: The High Court Division of the Supreme Court of Bangladesh by passing the Bar Council Examination. Only advocates who are barristers in the United Kingdom may use the title of barrister. In Canada (except Quebec ), the professions of barrister and solicitor are fused, and many lawyers refer to themselves with both names, even if they do not practise in both areas. In colloquial parlance within
4840-477: The High Court further delayed the trial until September 2023, until after the NPCSC ruled in the matter. Barrister Ireland: Barrister-at-Law degree with pupillage A barrister is a type of lawyer in common law jurisdictions . Barristers mostly specialize in courtroom advocacy and litigation . Their tasks include arguing cases in courts and tribunals , drafting legal pleadings , researching
4928-444: The High Court of Brunei Darussalam (Mr Justice Findlay and Mr Justice Lugar-Mawson). Another retired Hong Kong Judge, Edward Woolley, who previously sat as a Deputy High Court Judge and High Court Master, also sits as a Judicial Commissioner of the Supreme Court of Brunei Darussalam. Recorders of the court of first instance of the high court are practitioners in private practice (in practice, Senior Counsel ) who are appointed for
5016-616: The Hong Kong Court of Appeal, he also sat as a non-resident Judicial Commissioner of the Supreme Court of Brunei Darussalam between 2010 and 2011. As of 2019, three retired Hong Kong High Court Judges sit as Judges of the Court of Appeal of Brunei Darussalam (Mr Justice Burrell, who is the President of the Brunei Court of Appeal, and Mr Justice Seagroatt and Mr Justice Lunn , who are Justices of Appeal); two retired Hong Kong High Court Judges sit as Judicial Commissioners of
5104-564: The Inner Bar, when they may describe themselves as Senior Counsel ("SC"). All barristers who have not been called to the Inner Bar are known as Junior Counsel (and are identified by the postnominal initials "BL"), regardless of age or experience. Admission to the Inner Bar is made by declaration before the Supreme Court , patents of precedence having been granted by the Government . Irish barristers are sole practitioners and may not form chambers or partnerships if they wish to remain members of
5192-620: The Long-term Prison Sentences Review Board. At present, Mr Justice Pang Kin-kee and Mr Justice Wilson Chan are President and Deputy President respectively of the Long-term Prison Sentences Review Board. It is also a statutory requirement that the Chief Executive appoint a retired High Court Judge, District Judge or magistrate as Chairman of the Appeal Board on Public Meetings and Processions (currently Mr Justice Pang Kin-kee ). In addition, it
5280-703: The MMT and SFAT. The Chief Executive may appoint a High Court judge to lead a public inquiry. For example, Mr Justice Andrew Chan was appointed in 2015 as Chairman of the Inquiry into incidents of excess lead found in drinking water , and Mr Justice Lunn, JA was appointed in 2012 as Chairman of the Inquiry into the collision of vessels near Lamma Island . A number of serving and retired Hong Kong High Court Judges also sit as Supreme Court Judges in Brunei . For example, while Mr Justice Rogers served as Vice President of
5368-547: The Northern Territory, Queensland, Victoria and South Australia). Such barristers carry the title "SC" or "KC" after their name. The appointments are made after a process of consultation with members of the profession and the judiciary. Senior Counsel appear in particularly complex or difficult cases. They make up about 14 per cent of the bar in New South Wales. In Bangladesh, the law relating to barristers
SECTION 60
#17327808728545456-497: The Quebec Law Society ( Barreau du Québec ). In France, avocats , or attorneys, were, until the 20th century, the equivalent of barristers. The profession included several grades ranked by seniority: avocat-stagiaire (trainee, who was already qualified but needed to complete two years (or more, depending on the period) of training alongside seasoned lawyers), avocat , and avocat honoraire (emeritus barrister). Since
5544-471: The Supreme Court of Hong Kong Full-time High Court judges are given the prefix 'the Honourable' and referred to as 'Mr/Madam/Mrs Justice [surname]'. The Chief Judge of the High Court may be referred to in writing by adding the post-nominal 'CJHC'. Vice Presidents of the Court of Appeal may be referred to in writing by adding the post-nominal 'VP'. Justices of Appeal may be referred to in writing by adding
5632-498: The Supreme Court". In New Zealand, the professions are not formally fused but practitioners are enrolled in the High Court as "Barristers and Solicitors". They may choose, however, to practice as barristers sole. About 15% practice solely as barristers, mainly in the larger cities and usually in "chambers" (following the British terminology). They receive "instructions" from other practitioners, at least nominally. They usually conduct
5720-479: The applicant must be a holder of a law degree from a recognised institution in India (or from one of the four recognised universities in the United Kingdom). Second, they must pass the enrolment qualifications of the bar council of the state they seek to be enrolled in. Through regulation, the Bar Council of India also ensures the standard of education required for practising in India is met with. A barrister
5808-411: The bar, to a large degree, depended upon social connections made early in life. A bar collectively describes all members of the profession of barrister within a given jurisdiction. While as a minimum the bar is an association embracing all its members, it is usually the case, either de facto or de jure , that the bar is invested with regulatory powers over the manner in which barristers practice. In
5896-450: The common law tradition, the respective roles of a lawyer, as legal adviser and advocate, were formally split into two separate, regulated sub-professions. Historically, the distinction was absolute, but in the modern age, some countries that had a split legal profession now have a fused profession . In practice, the distinction in split jurisdictions may be minor, or marked. In some jurisdictions, such as Australia, Scotland and Ireland, there
5984-454: The court at which they were registered. Cases falling under the jurisdiction of another court had to be filed by a procureur registered at that court, in practice often another lawyer exercising both functions. Questions were raised on the necessity of the separation, given the fact that its main purpose – the preservation of the quality of the legal profession and observance of local court rules and customs – had become obsolete. For that reason,
6072-482: The courts (not even in a preparatory manner as performed by solicitors in England), though some might practise before chambers judges. As is the practice in many other Commonwealth jurisdictions such as Australia, Canadian litigators are gowned, but without a wig, when appearing before courts of superior jurisdiction. All law graduates from Canadian law schools, and certified internationally qualified lawyers, can apply to
6160-880: The issue. In most countries, barristers operate as sole practitioners and are prohibited from forming partnerships or from working as a barrister as part of a corporation. In 2009, the Clemens Report recommended the abolition of this restriction in England and Wales. However, barristers normally band together into barristers' chambers to share clerks (administrators) and operating expenses. Some chambers grow to be large and sophisticated. In some jurisdictions, barristers may be employed by firms and companies as in-house legal advisers . In court, barristers may be visibly distinguished from solicitors, chartered legal executives, and other legal practitioners by their apparel. For example, in criminal courts in Ireland, England, and Wales,
6248-524: The law and giving legal opinions. Barristers are distinguished from solicitors and other types of lawyers (e.g. chartered legal executives) who have more direct access to clients, and may do transactional legal work. In some legal systems, including those of South Africa , Scandinavia , Pakistan , India , Bangladesh , and the British Crown dependencies of Jersey , Guernsey and the Isle of Man ,
6336-572: The legal adviser, who is also primarily responsible for the barrister's fees. In England and Wales, solicitors and chartered legal executives can support barristers when in court, such as managing through the managing of large volumes of documents in the case or negotiating a settlement outside the courtroom. A barrister will usually have rights of audience in the higher courts, whereas other legal professionals will often have more limited access, or will need to acquire additional qualifications to have such access. As in common law countries in which there
6424-439: The plural as '[surname] and [surname] JJA'). Full-time Judges of the Court of First Instance are referred to as '[surname] J' (or in the plural as '[surname] and [surname] JJ'). Recorders are referred to as 'Mr/Madam/Mrs Recorder [surname]' (with the post-nominal 'SC' if they are Senior Counsel ). Deputy High Court Judges are referred to either as 'Deputy Judge [surname]', 'Deputy High Court Judge [surname]' or 'DHCJ [surname]' (with
6512-446: The position of Deputy High Court Judge was known as Commissioner . A Deputy High Court Judge may exercise all the jurisdiction, powers and privileges of a full-time Judge of the Court of First Instance. Judicial review cases are not listed before part-time Judges. In order to ensure judicial independence and impartiality, part-time Judges are not permitted to participate actively in political activities (although membership of
6600-423: The post-nominal "JA". In 1995, Mrs Justice Doreen Le Pichon was the first woman to be appointed as a High Court judge. She subsequently became the first woman to be appointed as a Justice of Appeal in 2000. In 2019, Madam Justice Susan Kwan was the first woman to be appointed as Vice President of the Court of Appeal. The current full-time judges of the High Court (as at 9 August 2024) are (ranked according to
6688-438: The post-nominal 'SC' if they are Senior Counsel ). Deputy High Court Judges were previously called Commissioners and were referred to as 'Mr/Madam/Mrs Commissioner [surname]' (with the post-nominal 'Q.C.' if they were Queen's Counsel ) in judgments before 1983. The High Court Building is located at 38 Queensway , Admiralty . The 20-storey building was built in 1985 as the home of the then Supreme Court of Hong Kong , which
6776-539: The priority of their respective appointments; Senior Counsels indicated by an asterisk *): Chief Judge of the High Court Justices of Appeal of the Court of Appeal of the High Court Judges of the Court of First Instance of the High Court A Justice of Appeal may sit as an additional Judge of the Court of First Instance. A Judge of the Court of First Instance may also hear cases in
6864-457: The proceedings in their entirety. Any lawyer may apply to become a King's Counsel (KC) to recognize the long-standing contribution to the legal profession but this status is only conferred on those practicing as solicitors in exceptional circumstances. This step referred to as "being called to the inner bar" or "taking silk", is considered highly prestigious and has been a step in the career of many New Zealand judges. Unlike other jurisdictions,
6952-485: The rank of King's Counsel was granted prior to the handover of Hong Kong from the United Kingdom to China in 1997. After the handover, the rank has been replaced by Senior Counsel post-nominal letters : SC. Senior Counsel may still, however, style themselves as silks, like their British counterparts. In India , the law relating to barristers is the Advocates Act, 1961, which is administered and enforced by
7040-418: The recommendation of the independent Judicial Officers Recommendation Commission (JORC). Part-time Deputy Judges are appointed on a temporary basis by the Chief Justice . It is not uncommon for a person to sit as a Recorder or Deputy High Court Judge prior to appointment as a full-time High Court Judge. Newly-appointed High Court judges with previous service as the Director of Public Prosecutions in
7128-459: The relevant provincial law society for admission. A year of articling as a student supervised by a qualified lawyer and the passing of provincial bar exams are also required for an individual to be called to bar as a barrister and solicitor. The situation is somewhat different in Quebec as a result of its civil law tradition. The profession of solicitor, or avoué , never took hold in colonial Quebec, so attorneys ( avocats ) have traditionally been
7216-483: The supreme courts, in civil, criminal or administrative matters. In Germany, no distinction between barristers and solicitors is made. Lawyers may plead at all courts except the civil branch of the Federal Court of Justice ( Bundesgerichtshof ), to which fewer than fifty lawyers are admitted. Those lawyers, who deal almost exclusively with litigation, may not plead at other courts and are usually instructed by
7304-470: The term "junior barrister" is popularly used to refer to a lawyer who holds a practicing certificate as a barrister, but is employed by another, more senior barrister. Generally, junior barristers are within their first five years of practice and are not yet qualified to practice as barristers sole. Barristers sole (i.e. barristers who are not employed by another barrister) who are not King's Counsel are never referred to as junior barristers. In Nigeria , there
7392-437: The trial after the first, but if a case is settled before trial, the barrister is not needed and the brief fee would be wasted. Some solicitors avoid this by delaying delivery of the brief until it is certain the case will go to trial. Some benefits of maintaining the split include: Some disadvantages of the split include: Barristers are regulated by the Bar for the jurisdiction where they practice, and in some countries, by
7480-495: The word barrister is also regarded as an honorific title. In a few jurisdictions, barristers are usually forbidden from "conducting" litigation, and can only act on the instructions of another lawyer, who perform tasks such as corresponding with parties and the court, and drafting court documents. In England and Wales, barristers may seek authorization from the Bar Standards Board to conduct litigation, allowing
7568-663: Was intended to act as a more formal system of appointment compared to the more ad hoc nature of appointment of Deputy High Court Judges. The current Recorders of the Court of First Instance of the High Court (as at 1 August 2024) are (ranked according to the priority of their respective appointments): The Chief Justice appoints on a temporary basis a number of serving full-time District Court Judges, retired High Court Judges and practitioners in private practice (in general, barristers who are Senior Counsel or solicitors who are senior partners with litigation experience) to sit as part-time Deputy High Court Judges. Before 1983,
7656-469: Was named the Supreme Court before 1997 . Though previously named the Supreme Court, this Court has long been the local equivalent to the Senior Courts of England and Wales and has never been vested with the power of final adjudication. A person who has practised for at least 10 years as a barrister , advocate , solicitor or judicial officer in Hong Kong or another common law jurisdiction
7744-506: Was renamed in 1997. It was named the Supreme Court Building, and the road leading to its main entrance is still named Supreme Court Road . The High Court Building was designed by Architect K. M. Tseng. The structure is a white clad tower and has a water fountain outside its front door. Sometimes, the High Court may sit in another venue. For example, a serving District Judge sitting as a Deputy High Court Judge may hear
#853146