Hong Kong Bar Association

Hong Kong Bar Association

香港大律師公會
Formation	12 March 1948; 76 years ago (1948-03-12)
Legal status	Society under the Societies Ordinance
Headquarters	LG2, High Court, 38 Queensway, Hong Kong
Region served	Hong Kong
Chairman	Victor Dawes SC
Website	hkba.org

The Hong Kong Bar Association (HKBA) is the professional regulatory body for barristers in Hong Kong. The Law Society of Hong Kong is the equivalent association for solicitors in Hong Kong.

Victor Dawes SC is the current chairman of the Council of the HKBA.

According to its website, the Hong Kong Bar Association was founded in 1949.^[1] However, a newspaper advertisement from March 1948 records the foundation of the association on 12 March 1948 with Mr Eldon Potter KC being elected President, Mr H.D. Sheldon KC being elected chairman and Mr Percy Chen being elected Secretary Treasurer. The offices of the Association were located in the offices of Mr Chen in Prince's Building, Hong Kong.^[2]

The objects of the Hong Kong Bar Association are generally to consider and to take proper action on all matters affecting the legal profession and the administration of justice. These include:

• the maintenance of the honour and independence of the Bar;
• the improvement of the administration of justice in Hong Kong;
• the prescribing of rules of professional conduct, discipline and etiquette;
• furtherance of good relations and understanding within the legal profession.

Like other professional bodies, the HKBA has the authority to take disciplinary action to the members who breach the Code of Conduct of the Association. The Law Society of Hong Kong is the equivalent association for solicitors in Hong Kong.

Students must first complete a basic degree in law, such as the Bachelor of Laws (LLB), Juris Doctor (JD) or convert from another first degree with the Common Professional Examination (CPE).

They must then complete the Postgraduate Certificate in Laws (PCLL) at The University of Hong Kong, the City University of Hong Kong or The Chinese University of Hong Kong. From 2008 onwards, all overseas applicants to the PCLL must satisfy each element of the PCLL conversion programme.

After finishing PCLL, prospective barristers will enter pupillage with a pupilmaster for a year; after half a year they will gain rights of audience in court.

Overseas barristers may, having at least three years' experience, take the Barristers Qualification Examination to officially become a Hong Kong barrister.^[3]

Additionally, lawyers of at least three years' qualified experience may apply to switch membership of either the HKBA or The Law Society of Hong Kong. However, one may not enjoy membership of both entities at once. For example, the No. 1 ranked barrister in seniority in 2007, Sir John Swaine SC, switched to become a solicitor in 2002, but switched back in 2004. Solicitors seeking to qualify as barrister are required to do pupillage, however, the period may be shortened for those with substantial advocacy experience.^[4]

As of September 2023, there were 106 Senior Counsel (93 male, 13 female), and 1,550 (1,068 male, 482 female) junior barristers in practice at the private bar in Hong Kong.^[5] There were 84 pupil barristers of whom 49 were male and 35 female.^[6]

After gaining ten years' experience as a barrister or government counsel in Hong Kong, a barrister admitted in Hong Kong may apply to become a Senior Counsel (SC) (資深大律師).^[7] Time in practice as a barrister or lawyer in another jurisdiction or as a solicitor in private practice in Hong Kong does not count.^[8] The Law Society of Hong Kong has called for this to be changed, so that solicitors may also be appointed Senior Counsel.^[9]

In colonial Hong Kong before 1997, the title was instead Queen's Counsel (QC) (御用大律師). After the transfer of sovereignty, Queen's Counsel who had been appointed QC in HK or British Queen's Counsel who had been admitted to practice in Hong Kong generally prior to the handover became Senior Counsel automatically.^[10]

	Portrait	Chairman		Chinese	Year	Notes
1		Harold Sheldon	KC		1948 1949	Eldon Potter, KC as President in 1948
2		Charles Loseby	KC		1950
3		Leo d'Almada e Castro	KC	廖亞利孖打	1951
4		John McNeill	KC/QC		1952
(2)		Charles Loseby	QC		1953
(3)		Leo d'Almada e Castro	QC	廖亞利孖打	1954
(4)		John McNeill	QC		1955 1956
(3)		Leo d'Almada e Castro	QC	廖亞利孖打	1957
(4)		John McNeill	QC		1958
(3)		Leo d'Almada e Castro	QC	廖亞利孖打	1959
5		Lo Hin-shing		羅顯勝	1960
(3)		Leo d'Almada e Castro	QC	廖亞利孖打	1961 1962
6		Brook Bernacchi	QC	貝納祺	1963
7		S.V. Gittins			1964 1965
8		Oswald Cheung	QC	張奧偉	1966
(7)		S.V. Gittins	QC		1967
9		Gerald de Basto	QC		1968 1969 1970
10		Henry Litton	QC	烈顯倫	1971 1972
(9)		Gerald de Basto	QC		1973
11		Archie Zimmern	QC		1974
12		Charles Ching	QC	沈澄	1975 1976
(10)		Henry Litton	QC	烈顯倫	1977 1978 1979
13		Martin Lee Chu-ming	QC	李柱銘	1980 1981 1982
(10)		Henry Litton	QC	烈顯倫	1983 1984
14		Denis Chang Khen-lee	QC	張健利	1985 1986 1987
15		Robert Tang Ching	QC	鄧楨	1988 1989
16		Anthony Rogers	QC		1990 1991
17		Jacqueline Leong	QC	梁冰濂	1992 1993
18		Ronny Wong Fook-hum	QC	黃福鑫	1994
19		Gladys Li Chi-hei	QC	李志喜	1995 1996
20		Audrey Eu Yuet-mee	QC/SC	余若薇	1997 1998
21		Ronny Tong Ka-wah	SC	湯家驊	1999 2000
22		Alan Leong	SC	梁家傑	2001 2002
23		Edward Chan King-sang	SC	陳景生	2003 2004
24		Philip Dykes	QC/SC	戴啟思	2005 2006
25		Rimsky Yuen Kwok-keung	SC	袁國強	2007 2008
26		Russell Coleman	SC	高浩文	2009 2010
27		Kumar Ramanathan	SC	林孟達	2011 2012
28		Paul Shieh Wing-tai	SC	石永泰	2013 2014
29		Winnie Tam	SC	譚允芝	2015 2016
30		Paul Lam Ting-kwok	SC	林定國	2017
(24)		Philip Dykes	QC/SC	戴啟思	2018 2019 2020
31		Paul Harris	SC	夏博義	2021
32		Victor Dawes	SC	杜淦堃	2022 2023 2024

In September 2022, the HKBA (along with the Secretary for Justice) opposed an application by Jimmy Lai to hire a King’s Counsel in the UK to represent him in his trial in Hong Kong, stating that "the well established criteria for admitting overseas counsel on an ad hoc basis are not met."^[11]

In November 2022, after the Hong Kong Court of Final Appeal ruled to allow Tim Owen KC to be admitted as an overseas counsel on an ad hoc basis, the Chief Executive of Hong Kong, John Lee, made a request to the NPCSC for an interpretation of the national security law over whether overseas counsel are allowed to take part in national security cases.^[12]

The HKBA chairman Victor Dawes SC said at a media briefing that "the national security law is a relatively new piece of legislation and we hope that any ambiguity can be clarified by our courts in the future and the power to interpret… be exercised sparingly" whilst noting that "I do understand the government's position and the reasoning given by the chief executive."^[13][14] He dismissed suggestions that disallowing overseas barristers in national security cases would undermine defendants' rights and freedom in legal representation, saying there are sufficient lawyers in the city to handle such cases.^[15] Referring to Lai's case, Dawes claimed that an overseas lawyer would not contribute much.^[16] Dawes also said that the incident would not damage Hong Kong's judicial independence.^[17][18][16]

In April 2023, the HKBA censured former barrister and Legislative Council member Tanya Chan over her involvement in the Umbrella Movement.^[19] The complainant was anonymous.^[20]

In May 2023, the HKBA expressed "grave concerns" over the US Congressional-Executive Commission on China, which asked for judges in national security cases to be sanctioned. The HKBA said "The Bar stresses once again that there is no basis at all to call into question the integrity and independence of Hong Kong judges..." and that calls to do so "must be sternly deplored and condemned."^[21]

In September 2023, Victor Dawes said in a legal forum that Hong Kong had a "strong, independent" legal profession; in 2022, at the same event, multiple questions were raised about the Chief Executive handpicking judges for national security cases, and the lack of a jury for those cases.^[1]

In May 2024, after a court banned the distribution of Glory to Hong Kong, Victor Dawes said that people should respect the court's decision.^[22]

In June 2024, after two foreign judges on the Court of Final Appeal resigned, the HKBA said "the Bar strongly believes that their resignations will not affect the ability of our apex court in discharging its judicial functions and has every confidence in the independence of our judicial system."^[23] In contrast, one of the judges who resigned said that judges' freedoms had been "severely limited" and that "The rule of law is profoundly compromised in any area about which the government feels strongly."^[24]

• Law Society of Hong Kong
• Bar association
• Bar council
• Postgraduate Certificate in Laws

• Hong Kong Bar Association Official homepage
• Code of Conduct of the Hong Kong Bar