PD14.1 Rights of Audience Before a Master

PD14.1ExistingENEffective: 3/10/2018

 

PRACTICE DIRECTION – 14.1

Rights of Audience before a Master

 

1.  Apart from those persons who are specified in paragraphs 2, 3, 4 and 5 below, only barristers and solicitors admitted in Hong Kong may appear before a Master or a taxing Master.

2.  The following persons employed by or under the supervision of a person having the rights, by virtue of any ordinance, of a solicitor may appear before a Master in chambers on an uncontested application or on an application listed for a three-minute hearing:

(a) a trainee solicitor, i.e. a person who has entered into a contract in writing under which he/she is employed as a trainee solicitor as defined under the Trainee Solicitors Rules (Cap. 159J); and

(b) a legal executive,

(i) who graduated from one of the legal executive courses commenced in or after the 2008/2009 academic year, which the Law Society of Hong Kong is satisfied meetthe benchmarks[1] for legal executive courses; or

(ii) who graduated from one of the legal executive courses commenced prior to the 2008/2009 academic year, which the Law Society of Hong Kong recognises; or

(iii) who became a member of the then Institute of  Legal Executives (ILEX) prior to the 2008/2009 academic year;

provided that he/she must have at least three years’ legal work experience.

3.  In addition to those persons mentioned in paragraph 2 above, the following persons may appear before a taxing Master on the taxation of a bill of costs:

(a) a costs clerk employed by or under the supervision of a person having the rights, by virtue of any ordinance, of a solicitor;

(b) a law costs draftsman, approved as such by the Law Society of Hong Kong, who may appear on behalf of a solicitor; and

(c) subject to paragraph 4 below, a trainee solicitor.

4.  A trainee solicitor in the last 12 months of his/her trainee solicitor contract may appear before a taxing Master on the taxation of a bill of costs listed for not more than 3.5 hours provided that:

(a) he/she has had not less than 6 months’ training in litigation;

(b) he/she has been trained in taxation through drafting bills, drafting lists of objections and sitting in on taxation hearings; and

(c) the principal or handling solicitor has ensured that the trainee solicitor is fit to handle that taxation.

5.  A trainee solicitor, during the last 12 months of his/her trainee solicitor contract, may appear for a plaintiff or a defendant before a Master in chambers on:

(a) applications for judgment pursuant to Order 14, Rules of the High Court, where the hearing is listed for not longer than 15 minutes;

(b) applications pursuant to Order 88, Rules of the High Court, where the hearing is listed for not longer than 15 minutes; and

(c) applications pursuant to Order 83A, rule 4, Rules of the High Court, where the hearing is listed for not longer than 15 minutes.

6.  This Practice Direction supersedes the previous Practice Direction 14.1 on Rights of Audience before a Master dated 10 March 2018.

7.  This Practice Direction shall come into effect on 20 June 2025.

Dated this 5th day of June 2025.

  

  (Andrew Cheung)
  Chief Justice

 

 



[1] The Law Society of Hong Kong has issued a set of benchmarks for legal executive courses that entitle their graduates to use the title “Legal Executive” in law firms. The benchmarks and course list can be found on the official website of the Law Society at: https://www.hklawsoc.org.hk/en/Maintain-Standards/Training-Standards/Legal-Executive.