Section 39I of the Legal Practitioners Ordinance (Cap. 159)

Section 39H(1) of the Legal Practitioners Ordinance (Cap. 159) provides that a solicitor who satisfies the eligibility requirements under section 39I may apply to the Higher Rights Assessment Board for higher rights of audience.

39I. Eligibility requirements

1. (1)An applicant under section 39H satisfies the eligibility requirements if the applicant -
   1. (a)holds a current practising certificate as a solicitor;
   2. (b)has the requisite experience;
   3. (c)has complied with the requirements prescribed by rules made under section 73CA(1)(a)(i); and
   4. (d)has not, in the same calendar year in which the application is made, made any other application under section 39H (whether in respect of the same or a different class of proceedings).
2. (2)For the purposes of subsection (1)(b), the applicant has the requisite experience if, during the period of 7 years immediately before the date of the application, the applicant -
   1. (a)has, for not less than 2 years in the aggregate, done one or more of the following -
      1. (i)practised as a solicitor in Hong Kong;
      2. (ii)practised as a barrister in Hong Kong;
      3. (iii)practised as a legal officer within the meaning of section 2 of the Legal Officers Ordinance (Cap. 87) or held a similar office; and
   2. (b)has, for not less than 3 further years in the aggregate, done one or more of the following -
      1. (i)practised as a solicitor in Hong Kong;
      2. (ii)practised as a barrister in Hong Kong;
      3. (iii)practised as a legal officer within the meaning of section 2 of the Legal Officers Ordinance (Cap. 87) or held a similar office;
      4. (iv)practised the law of any other common law jurisdiction while being qualified to do so under the law of that jurisdiction, whether or not also under this Ordinance.
3. (3)Despite subsection (1)(c) -
   1. (a)the applicant may elect to make the application on the basis of exemption from the requirements referred to in that subsection by stating in the application that the applicant has so elected; and
   2. (b)on the applicant making the election under paragraph (a), that subsection does not apply to the applicant.
4. (4)In this section, "similar office" (相類職位) means -
   1. (a)an office held by a person by an appointment under section 3(1) of the Legal Aid Ordinance (Cap. 91); or
   2. (b)an office the holder of which is deemed to be a legal officer for the purposes of the Legal Officers Ordinance (Cap. 87) under section 3(3) of the Director of Intellectual Property (Establishment) Ordinance (Cap. 412) or section 75(3) of the Bankruptcy Ordinance (Cap. 6).