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137-484: Hong Kong (pro-democracy) Hong Kong (centrist) Hong Kong (pro-ROC) Hong Kong (localist) Macau Republic of China (Taiwan) (groups of pro-Chinese identity) Hong Kong (pro-democracy) Hong Kong (pro-ROC) Hong Kong (localist) Republic of China (Taiwan) (groups of pro-Chinese identity) Current Former Martin Lee Chu-ming SC , JP ( Chinese : 李柱銘 ; born 8 June 1938)

274-536: A Foreign Affairs Select Committee hearing, speaking out that they were "concerned that neither of the two signatories to the Joint Declaration – that is, China and Britain – is adequately fulfilling their respective responsibilities on the terms of this internationally binding treaty." Liu Xiaoming , Chinese ambassador to Britain, described Martin Lee and Anson Chan as "bent on undermining the stability of Hong Kong". In

411-660: A Jesuit school in Kowloon , for nine years, and then taught part time at the Institute of Chinese Studies. His father maintained a good relationship with the Communist leadership, notably Premier Zhou Enlai , who repeatedly invited him back to the Mainland. Lee Yin-wo's funeral in 1989 was attended by people from both sides of the political spectrum. Martin Lee studied at Wah Yan College, Kowloon and read English Literature and Philosophy at

548-407: 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

685-636: A brief visit in Guangdong in 2005 as a Legislative Council member, in which he responded: "As a Chinese citizen, I am not allowed back to my own country even though I'm welcome in every country in the world." The strained relationship between Lee and the Communist Party also led to the constant attacks from the pro-Beijing media. In response to the worsening crisis of confidence in Hong Kong, he joined hands with many politicians from different spectrum to advocating

822-461: 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

959-586: A directly elected government set up as soon as possible. Their view was countered bya number of conservatives in the Drafting and Consultative Committees who rallied under the name of the " Group of 89 " backed by big-business interests. During the Tiananmen protests May and June 1989, Martin Lee was an outspoken supporter of the student movement for more democracy and freedom in China. He, Szeto Wah and other liberals formed

1096-405: 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

1233-473: A law that would be "thoroughly bad for Hong Kong". The protest against the Article 23 legislation eventually drew more than 500,000 people on 1 July 2003 and the government announced to shelve the bill indefinitely knowing that it could not get enough votes in the legislature. In March 2004 when Martin Lee went to Washington to testify on Hong Kong's democracy development at a US Senate Foreign Relations Committee ,

1370-530: 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

1507-454: A lay member appointed by the Minister for Justice . The relevant part of the 2015 act was commenced in 2019. It allows the bestowal of the title "Senior Counsel" on solicitors . The LSRA advisory committee replaces an earlier advisory committee which had no statutory basis, and no solicitor or lay member. The 2015 Act also specifies the criteria for both solicitors and barristers: It is still

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1644-632: 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

1781-642: A member of the Executive and the Legislative Councils of Hong Kong in Beijing in May 1983. The delegation sought to maintain the status quo in Hong Kong and extend British rule by an additional 15 to 30 years. Their requests were turned down by Beijing officials. Lee was concerned about the maintenance of judicial independence under Chinese rule and called for the preservation of Hong Kong's legal system. He also suggested

1918-549: A member of the Legislative Council for 23 years, Lee announced on 27 March 2008 that he would not seek re-election when his term ended in September of that year. Martin Lee remained active in commenting politics and his legal practise after his retirement from the Legislative Council, especially taking cases of defending the pro-democracy activists who were charged for obstructing public order among other offences. In 2009, he

2055-531: A press release about a 1943 election candidate; they regarded "K.C." as pro-British and thus violating Irish neutrality . In 1949, shortly before the coming into force of the Republic of Ireland Act 1948 , which created the Republic of Ireland and broke the final link with the British Crown , Frank Aiken asked John A. Costello during Taoiseach's questions "whether, in view of the fact that certain members of

2192-560: 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

2329-503: 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,

2466-558: A slim margin of 815 votes. When the results were announced in the morning of the following day, Martin Lee said in tears before cameras "I'd rather lose with dignity than win like this", on the "unexpected" defeat of Cyd Ho. It also caused disaffection from the pro-democracy supporters. In October 2007, Lee published an article named "China's Olympic Opportunity" in The Wall Street Journal criticising Beijing for not living up to its promise to improve its human rights status during

2603-551: A specific case are entitled to use the title, and to be accorded the status, of Senior Counsel for the purposes of those proceedings. A member of the bar could be designated as a Senior Advocate upon a selection process that employs various criteria for designation. The said designation happens by the Supreme Court directly, or through the concerned state High Court . In August 2018 the Supreme Court issued guidelines to regulate

2740-414: 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

2877-628: A warrant signed by the relevant state governor, who is the formal viceregal representative of the sovereign in the Australian states , whereas SCs receive a certificate issued by the relevant bar association or bureaucracy such as by the judicature of the state supreme court as the case may be. The title of Senior Counsel has replaced that of Queen's Counsel in Barbados, which became a republic on 30 November 2021. Those who were appointed as Q.C. are now free to change their postnominal letters to K.C., due to

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3014-622: Is "unconstitutional" as it was against Basic Law Article 25, which states "All Hong Kong residents shall be equal before the law." In response, Kenneth Lau Ip-keung of the Heung Yee Kuk , an organization that supports the small house policy, said that villagers "firmly believe" that the small house policy is protected under Article 40. On 18 April 2020, Martin Lee was arrested as one of 15 Hong Kong high-profile democracy figures, on suspicion of organizing, publicizing or taking part in several unauthorized assemblies between August and October 2019 in

3151-685: Is a Hong Kong politician and barrister . He is the founding chairman of the United Democrats of Hong Kong and its successor, the Democratic Party , Hong Kong's flagship pro-democracy party. He was also a member of the Legislative Council of Hong Kong from 1985 to 1997 and from 1998 to 2008. Nicknamed the "Father of Democracy" in Hong Kong, he is recognised as one of the most prominent advocates for democracy and human rights in Hong Kong and China . A barrister by profession, Lee served as

3288-620: 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

3425-399: 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

3562-562: 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 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

3699-477: 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

3836-474: 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

3973-671: Is like handing over 5.5 million Jews to Nazi Germany during the Second World War, when they were born in a British territory." He also said that it could not be presumed that "the Joint Declaration is as inviolable as the Bible. Britain and China should restart talks to reach a better agreement for Hong Kong than the declaration decided in 1984." He also testified before the United States Congress Committee on human rights and aired support to imposing economic sanctions against for

4110-512: 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

4247-692: 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

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4384-593: 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

4521-406: 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

4658-626: 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

4795-400: 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

4932-470: 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

5069-458: 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

5206-643: 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

5343-466: Is the case in Ireland , Australia, Hong Kong, and South Africa. In Hong Kong, every Senior Counsel must wear a black robe and silk gown together with a wig when appearing in open court. In Ireland , Senior Counsel wear a silk gown which differs from that of a Junior Counsel; the wig is optional. The rank of Senior Counsel has also been introduced in most states and territories of Australia , even though

5480-540: 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

5617-657: Is used in the law of Singapore . There is no independent bar in Singapore and senior counsel practice as members of law firms. Prior to independence, select members were given the title of King's Counsel or Queen's Counsel. "Senior Counsel" (in Afrikaans Senior Advokaat ) replaced QC in South Africa after the Union became a republic on 31 May 1961, with appointments being made by the state president until 1994, when

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5754-491: Is used to denote an experienced solicitor (who need not be an advocate), who is not on the path to partnership. This position is therefore analogous to the American title of counsel and is not directly comparable to the position of King's Counsel/Senior Counsel, which is held by barristers. Other jurisdictions have adopted similar titles: Barrister Ireland: Barrister-at-Law degree with pupillage A barrister

5891-435: The 2000 leadership election by challenging the vice-chairman post held by Anthony Cheung from the moderate faction and eventually ousted Cheung from the vice-chairman post. The factional struggles intensified the "Young Turk" leader Andrew To proposed to put the minimum wage legislation on the 2000 Legislative Council election platform which caused a fierce debate within the party and resulted in great disunity that led to

6028-671: 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

6165-524: 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

6302-519: The Bar Standards Board to conduct litigation, allowing 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 ,

6439-591: The Basic Law of Hong Kong , where he met another outspoken democrat Szeto Wah . Lee and Szeto became the two lone dissidents in the heavily Beijing-influenced Drafting Committee. Lee's father warned him that the Chinese Communists liked to use people and then get rid of them. Lee said he told his father that "I know the chances of implementing this policy ' One Country, Two Systems ' and Hong Kong people ruling Hong Kong are not great. But then I know if I don't even try,

6576-610: The Congressional-Executive Commission on China and spoke out against Beijing increasing control over Hong Kong and their fear of only candidates picked by Beijing would be allowed to take part in the 2017 Chief Executive election . In July 2014, Martin Lee and Anson Chan visited the United Kingdom and met with Deputy Prime Minister and the leader of the Liberal Democrats Nick Clegg and attended

6713-536: 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,

6850-460: The Courts of Justice Act 1924 came into effect, Chief Justice Hugh Kennedy , in conjunction with the Bar Council of Ireland , revived the issue of patents of precedence , which had been used in the 18th and 19th century as an alternative to a patent as KC, but had fallen into disuse from 1883 as the strictures formerly associated with the rank of KC were abolished. The Irish Free State patent wording

6987-569: The Hong Kong Alliance in Support of Patriotic Democratic Movements in China in May of which he was the vice-chairman, organising multiple rallies in support of the students in Hong Kong which attracted hundreds of thousands of attendees. After the military crackdown, Lee led the Hong Kong demonstration against the Beijing authorities. He told BBC 's Jonathan Dimbleby that "handing over 5.5 million people to China who are deemed counter-revolutionary

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7124-631: The Hong Kong National Security Law on 1 July 2020. A son of Kuomintang Lieutenant General Lee Yin-wo, Lee was born in Hong Kong on 8 June 1938, his mother having journeyed to the British colony on a vacation. His father fought against the Empire of Japan during World War II . In 1949, the family moved to Hong Kong after the Communist takeover of China . Lee's father taught at Wah Yan College ,

7261-464: 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

7398-562: The State of Victoria , with existing and future Senior Counsel having the option to apply to be issued with letters patent appointing them as Queen's Counsel; some 89% of barristers entitled to be called Senior Counsel were reported to have applied for letters patent to become Queen's Counsel. On 18 February 2019, the South Australian Government restored the rank of Queen's Counsel. The formal difference appears to be that KCs receive

7535-609: The Summer Olympic bid . Lee urged the West, particularly the United States , not to boycott the 2008 Olympic games but to instead take the opportunity while China is opening itself up to the world to "engage" China directly to bring China closer to the international community in terms of its human rights. His article received rounds of criticism from the pro-Beijing media for asking the West to "intervene" China's internal affairs. Some media even claimed that Lee asked United States to boycott

7672-663: The Teaching constituency. He and other liberals formed the Joint Committee on the Promotion of Democratic Government in 1986, which consisted of about 190 organisations who rallied support for direct elections, including the collection of 220,000 signatures (incl. names and identity card numbers). However, the government concluded in the White Paper that direct elections should not be introduced in 1988 based on public opinion. Lee condemned

7809-511: 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

7946-513: The University of Hong Kong , sponsored by his mentor, the renowned barrister Dr. Patrick Yu . After graduating in 1960, Lee taught for three years before training as a barrister at Lincoln's Inn in England . He was called to the bar and began practising law in Hong Kong in 1966. During the 1967 Hong Kong riots , Lee defended the pro-Beijing Hong Kong Federation of Trade Unions at court, thus laying

8083-474: The death of Queen Elizabeth II and the accession of King Charles III to the British throne. They are not required to become S.C.s. For example, Dame Sandra Mason , who was appointed as Q.C. is now free to change to K.C., even though she is the first President of Barbados . All new appointments will be as S.C. only. Senior Counsel is appointed in Belize, even though King Charles III is King of Belize . "Senior Counsel" ( Chinese : 資深大律師 ) replaced QC in

8220-559: The law of Hong Kong after the transfer of sovereignty over Hong Kong from the United Kingdom to China in 1997. King's Counsel who had been appointed KC in Hong Kong or British King's Counsel who had been admitted to practice in Hong Kong generally prior to the handover became senior counsel automatically. King's Counsel from England or other senior counsel from other jurisdictions is not accorded any precedence if they are admitted generally in Hong Kong. However, visiting King's Counsel from another jurisdiction who have been admitted for

8357-559: The massive pro-democracy Occupy protests from October to December 2014, he was among the pro-democracy activists staging a final sit-in and arrested, putting an end to a 75-day street occupation. In December 2018, Lee represented Kwok Cheuk-kin and Hendrick Lui Chi-hang in an attempt to repeal the Small House Policy , a policy which Lee said discriminates against the majority of people in Hong Kong by discriminating based on descent and gender. In his arguments, Lee said that Qing dynasty laws did not forbid females or outsiders to buy land in

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8494-403: 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

8631-436: The "through train" was dissolved. On the eve of the handover of Hong Kong on 1 July 1997, Lee travelled to Europe, Australia and the United States to express his concerns to officials, politicians and business leaders. He met in April with US Secretary of State Madeleine K. Albright and later with President Bill Clinton , who had openly voiced out his support in democracy and human rights in China and Hong Kong. However he

8768-425: 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

8905-416: The 1995 three-tier elections, the pro-democracy camp further consolidated themselves by merging the United Democrats and another moderate pro-democracy party Meeting Point into the Democratic Party in 1994 in which Martin Lee was elected the founding chairman. In the 1995 Legislative Council election in which all seats were elected, the Democratic Party scored another landslide victory, winning 12 seats of

9042-421: The 20 directly elected seats and 19 seats out of the total 60 seats, almost double than the second party Liberal Party. With other pro-democracy parties and individuals, the pro-democracy camp commanded about half of the seats in the legislature in the last two years of the colonial rule. On 30 June 1997 the eve of the handover of Hong Kong , the pro-democrats were forced to step down from the Legislative Council as

9179-433: 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

9316-409: 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

9453-513: The Beijing officials took rounds to attack Lee for inviting foreign power meddling in Hong Kong's internal affairs. Lee was called "traitor" upon his return to Hong Kong by pro-Beijing media and supporters. In the 2004 Legislative Council election , the pro-democracy camp filled two tickets in the Hong Kong Island geographical constituency , the Democratic Party's Yeung Sum and Martin Lee and independent– Frontier joint ticket of Audrey Eu and Cyd Ho in hope of taking four seats out of six seats with

9590-415: The Beijing-controlled Provisional Legislative Council. He went on getting re-elected for two more terms in 2000 and 2004. A major concern about Hong Kong's legal and political autonomy was raised in January 1999 when the government sought to the interpretation of the Basic Law by the National People's Congress Standing Committee after it was defeated in the Court of Final Appeal over the legal challenges over

9727-445: The British Crown dependencies of Jersey , Guernsey and the Isle of Man , 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

9864-654: The British change from King to Queen in 1952. The Legal Services Regulation Act 2015 provides for the Legal Services Regulatory Authority (LSRA) to establish an Advisory Committee on the grant of Patents of Precedence. The committee comprises the Chief Justice, the Presidents of the Court of Appeal and High Court , the Attorney General , heads of the Bar Council and Law Society of Ireland , and

10001-408: The British government decided to appoint Chris Patten to become the last Hong Kong Governor . Chris Patten announced the constitutional reform package which largely expanded the electorates of the nine newly created functional constituencies. The package was strongly opposed by the Beijing government and alienated the pro-government Liberal Party led by Allen Lee who now became Beijing's allies in

10138-535: 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

10275-677: The Democratic Party opposed the proposed national security legislation on the basis of the Hong Kong Basic Law Article 23 which they feared would undermine the Hong Kong people's civil liberties. Martin Lee traveled to the West to rally for international support. Chief Executive Tung Chee-hwa bashed Lee for "bad mouthing" the Special Administrative Region in front of the international audience for six years. Lee replied by saying that they were merely bad-mouthing

10412-528: 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

10549-454: The Inner Bar who received their patents as senior counsel continue to describe themselves as king's counsel, he will introduce a bill entitled an act to declare that the description of a senior counsel shall be senior counsel"; Costello said he had "no intention of wasting public time and money" on the idea. As late as the 1960s, R.G.L. Leonard (made KC before 1922) was described in the official Irish law reports as "Queen's Counsel", reflecting

10686-558: 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

10823-553: The King remains head of state . Between 1993 and 2008 all Australian jurisdictions except the Northern Territory replaced the title of Queen's Counsel with that of Senior Counsel. However, in 2013 Queensland restored the rank of Queen's Counsel and there was talk of other Australian states following suit. On 3 February 2014, the Victorian Attorney-General announced that the rank of Queen's Counsel would shortly be reinstated in

10960-404: The Legislative Council with 18 other members, all dressed in black, while 600 lawyers dressed in black held a silent protest against the interpretation. Martin Lee's Democratic Party chairmanship was also embattled with the intra-party factional struggles, in which he failed to resolve the ideological differences between the party members. The radical "Young Turks" faction launched a coup d'état in

11097-476: The New Territories. Lee mentioned that the policy for villagers to build homes without paying land fees was only implemented after the British began to rule the New Territories in 1898, and that before then, there was no mention of such a policy under Qing dynasty rule. Therefore, Lee said that the right for male villagers to build homes without paying land fees are based on British policies and were never part of

11234-532: 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

11371-489: 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

11508-496: 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

11645-534: The United Democrats won a landslide victory in the election, pocketing 12 of the 18 directly elected seats, out of the total number of 60 seats in the Legislative Council. Martin Lee himself was elected through the Hong Kong Island East constituency, receiving the most votes in the election. After the election, the United Democrats became the largest party in the legislature. In response to the election,

11782-564: The adoption of the United States–Hong Kong Policy Act in 1992. Martin Lee has increasingly been seen as the spokesman for Hong Kong democracy on the international stage. In June 1995, Asiaweek magazine named Lee one of Twenty Great Asians "who have changed the region over the past two decades." In September 1995, ABC TV named Martin Lee its "Person of the Week" for leading Hong Kong's pro-democracy forces to electoral success. Lee

11919-555: The advice of the Executive Council (government). On 14 July 1924 the Chief Justice called the first recipients to the "within the bar" and bestowed their patents. The form of the 1924 patent omitted the appointment as "one of our counsel learned in the law" from the KC patent, but retained its grant of "precedence and preaudience" to rank next after the previously appointed KC or SC. The Constitution (Amendment No. 27) Act 1936 abolished

12056-472: 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

12193-411: 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

12330-429: The body in 1989 in the wake of the 1989 Tiananmen square crackdown , due to his condemnation of the Beijing government's role in the incident and his vocal support for the student protestors. In 1990, he became the founding chairman of the first pro-democracy party in Hong Kong, the United Democrats of Hong Kong, and later its successor, the Democratic Party. Under his leadership, the party won two landslide victories in

12467-615: The chairman of the Hong Kong Bar Association from 1980 to 1983. In 1985 he was elected to the Legislative Council, where he advocated strongly for the protection of human rights and democratic reform. He became involved in discussions over Hong Kong's handover to China, and in 1985 he joined the Hong Kong Basic Law Drafting Committee to assist in the drafting of Hong Kong's Basic Law, the city's mini-constitution post-handover. He was, however, expelled from

12604-452: The chances are zero." In September 1985, Martin Lee ran in the Legislative Council elections when the Hong Kong government decided to introduce a handful of indirectly elected seats. His surprise victory over another prominent barrister Henry Litton and lawyer Edmund Chow in a three-way contest in the Legal functional constituency , elected by all the lawyers in Hong Kong, catapulted him to

12741-450: 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

12878-574: The conferment of designation of Senior Advocate. Senior advocates' gowns have a flap at the back to distinguish them from junior counsels. The Irish Free State came into existence in December 1922 as a dominion within the British Commonwealth of Nations . John O'Byrne was the sole King's Counsel (KC) appointed after independence, in June 1924 when he was Attorney General of Ireland . Shortly after

13015-414: The course of the 2019–20 Hong Kong protests . Following protocol, the police statement did not disclose the names of the accused. He was freed the same day on bail. After, Martin Lee said that he was arrested for the first time in his life but has no regrets and is proud of his democratic work: "Over the months and years, I've felt bad to see so many outstanding youngsters being arrested and prosecuted, but I

13152-454: 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,

13289-477: 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

13426-618: The creation of an independent Court of Final Appeal in place of the Judicial Committee of the Privy Council after 1997. In December 1984, he was invited as one of the attendees at the signing ceremony of the Sino-British Joint Declaration . In 1985, he was among the 23 Hong Kong representatives invited by Beijing to sit on the Hong Kong Basic Law Drafting Committee to draft the mini-constitution of post-1997 Hong Kong,

13563-407: The direct elections of 1991 and 1995, and emerged as one of the largest political parties in Hong Kong. He worked closely with the last Hong Kong Governor Chris Patten in an attempt to push forward constitutional reform in relation to democratic elections , attracting strong criticism from the Beijing government. In June 1997, he was forced to step down from his office when the colonial legislature

13700-683: The distinction between barristers and other types of lawyers does not exist at all. A barrister 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

13837-431: The exodus of the "Young Turks" from the party and created a bad image in front of the public. Martin Lee's decision to support former Bar Association chairman and barrister Audrey Eu over his Democratic Party member in the 2000 Hong Kong Island by-election also received criticism within the party. In 2002, Martin Lee decided to step down as party chairman and was succeeded by Yeung Sum . In 2002 and 2003, Martin Lee and

13974-507: The first 17 (out of 60 applicants) solicitors. In Northern Ireland , the designation King's Counsel (KC) or Queen's Counsel (QC) has continued since 1921, as in the rest of the United Kingdom . In 1983 Richard Ferguson , former head of the Northern Ireland bar, was called to the Inner Bar in Dublin, becoming the first to be simultaneously QC and SC. Conversely, the first SC to become QC

14111-505: The foundations of his future relationship with the Chinese Communist Party . In 1979, he was made Queen's Counsel . From 1980 to 1983, he was the chairman of the Hong Kong Bar Association . Lee began his involvement in politics when the British and Chinese governments began their negotiations over Hong Kong's sovereignty in the early 1980s. Lee was in the delegation consisting of Hong Kong's young professionals led by Allen Lee ,

14248-451: The games. That immediately stirred backlash from Beijing loyalists, who virtually accused Lee of being a hanjian , traitor of the Han people. On 27 October, the Democratic Party issued an announcement to newspapers setting out the party's position regarding the article Lee published. Chairman Albert Ho reiterated, "It is not an apology, but a clear declaration of what we stand for." After being

14385-584: The government for mishandling the consultative exercise, accusing them of backing down on direct elections in the face of Beijing's pressure. He also campaigned against the construction of the Daya Bay Nuclear Power Plant in 1986 in which the Chernobyl disaster sparked fears over safety among the Hong Kong public. Lee actively sought for public support through meetings and a signature campaign, which collected over one million signatures. He criticised

14522-549: The government for not disclosing information about the project and attempted to force the government to disclose information under the Legislative Council Power and Privilege Ordinance. He again rallied public support against the amendment of the Public Order Ordinance in 1987 in which the government sought to criminalise the "publishing of false news likely to cause public alarm." Lee worked diligently against

14659-464: The government which grants the patent of privilege and the Chief Justice of Ireland who calls patentees to the Inner Bar. As of 2020 , there were about 325 SCs among about 2,300 barristers registered with the Bar Council of Ireland . On 1 September 2020 the cabinet approved the first batch of 37 recommendations of the LSRA advisory committee. These were appointed senior counsel the following day, including

14796-679: The granting of the right of abode in Britain to Hong Kong people as a "safety exit". He also called for the rapid introduction of the Hong Kong Bill of Rights Ordinance and a fully democratically elected Legislative Council before 1997. He also began to lobby the United States to develop a specific policy on Hong Kong's democracy development. However he opposed the US idea of withdrawing " most favoured nation " status from Beijing. Martin Lee's efforts resulted in

14933-546: The indigenous traditions that the Basic Law protects under Article 40, which does not specifically mention small houses and only says "The lawful traditional rights and interests of the indigenous inhabitants of the 'New Territories' shall be protected by the Hong Kong Special Administrative Region." Finally, Lee also argued that the policy is based on a person's descent and sex (women are excluded), which

15070-868: 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,

15207-572: 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

15344-597: The legislature. The United Democrats generally supported the Chris Patten's package and eventually helped it to get passed in the Legislative Council. In response to Patten's proposal, the Beijing government decided to dismantle the "through train" agreement, which allowed the 1995 elected legislature to transition beyond 1997, and replace it with the Provisional Legislative Council in which Lee deemed "an illegal and unconstitutional body". In preparation for

15481-424: The majority wing of the party led by Szeto Wah openly opposed the plan who criticised Lee for "not quite understanding politics". Lee attended the rally in support of the five resigned Legislative Councillors. Meanwhile, the Democratic Party began to negotiate with the Beijing authorities and reached an agreement with the government. After the agreement, Lee expressed his disappointment and his consideration of quitting

15618-535: The massacre. In July 1989, he and Szeto Wah were labelled as "counter-revolutionaries" by the state-owned People's Daily . The duo's membership in the Drafting Committee was subsequently stripped by the National People's Congress Standing Committee after they were barred from attending any meetings due to their "anti-China stance". He was then barred from entering Mainland China, with the only exception of

15755-801: The office of Governor-General and the Executive Powers (Consequential Provisions) Act 1937 was held to have transferred the royal prerogative to the Executive Council (government). Although the 1937 Constitution of Ireland created the office of President of Ireland , it was still the Taoiseach as head of government who signed patents of precedence under the Executive Powers (Consequential Provisions) Act 1937. The title "K.C." continued to be used by many Senior Counsel, both those created before July 1924 and those after. Sir John L. Esmonde complained that wartime censors had changed "K.C." to "S.C." in

15892-484: The office was succeeded by that of president . A judge in the High Court in the province of Gauteng ruled that under the 1993 constitution , the president did not have the power to grant Senior Counsel status. This judgment has been overturned by the Supreme Court of Appeal and also the Constitutional Court. See Advocate § South Africa . In the United Kingdom , the position of senior counsel (lowercase)

16029-464: The party. Martin Lee actively lobbied in the West with former Chief Secretary for Administration and Hong Kong 2020 convenor Anson Chan for the support in the Hong Kong's democracy movement during the debate on the 2017/2020 electoral reform in 2014. The duo went to the United States and met Joe Biden , US vice-president, Nancy Pelosi , minority leader of the House of Representatives , and members of

16166-467: The political stage. He retained his seat in the 1988 re-election unopposed. He became the most recognisable and consistent voice pressing for rapid democratic reform. In the debate on the 1988 Green Paper on the Further Development of Representative Government , Lee was at the forefront of a campaign to introduce direct elections in the 1988 election with Szeto Wah , who won a seat in 1985 through

16303-457: 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,

16440-595: The provision, moving the amendment "that any prosecution could only be made upon official proof that a report is false and reckless and that the defendant knew that the facts are false or failed to prove the validity of the facts out of rash" but failed. The case was submitted before the United Nations Human Rights Committee in November 1988 and was eventually repealed in January 1989. From 1988 to 1991, he

16577-478: 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

16714-459: 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

16851-490: The right of abode of a person with at least one parent was a Hong Kong resident, as the Provisional Legislative Council passed ordinances restricting the right. The Basic Law interpretation sparked outcry from various sectors. Martin Lee accused the government of "giving away" Hong Kong's autonomy and condemned this move as "a dagger striking at the heart of the rule of law" and in symbolic protest walked out of

16988-575: The slogan "1+1=4". However the pre-election polls showed that the Eu-Ho ticket had far more support and Lee was in danger of losing, causing the Democratic Party to request all supporters to vote instead for their ticket. As a result, the Yeung-Lee ticket drew too many votes from the Eu-Ho ticket, causing the defeat of Cyd Ho by Choy So-yuk of the pro-Beijing Democratic Alliance for the Betterment of Hong Kong , by

17125-476: 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

17262-470: 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

17399-437: 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

17536-483: Was Paddy MacEntee in 1985. The title "Senior Counsel" was briefly established in New Zealand from 2007 until 2009. It was abolished by the following government in favour of restoring the title of Queen's Counsel on the basis of the respect felt accorded to those appointed Queen's Counsel. Those appointed as Senior Counsel were given the option of becoming Queen's Counsel or remaining as Senior Counsel. "Senior Counsel"

17673-765: Was also awarded by a number of international organisations, including the "1995 International Human Rights Award" by the American Bar Association , the Prize For Freedom by the Liberal International in 1996, the "Democracy Award" by the US National Endowment for Democracy in 1997, and the "Schuman Medal" in 2000 which Lee was the first non-European to receive from the European Peoples Party and European Democrats . In November 2004 he

17810-698: Was appointed chairman of the Hong Kong Consumer Council . He also served as legal adviser to the Hong Kong Journalists Association , the Scout Association of Hong Kong and numerous professional bodies. In the Hong Kong Basic Law Drafting Committee, Lee also actively lobbied for a democratic post-1997 political system with Szeto Wah. He and the liberals proposed the " Group of 190 " proposal which demanded

17947-622: Was awarded by Rutgers College with the Brennan Human Rights Award. In preparation for the first direct elections of the Legislative Council in 1991, the liberals gathered themselves on the basis of the Joint Committee on the Promotion of Democratic Government to form a first major political party in Hong Kong, the United Democrats of Hong Kong in April 1990. Martin Lee was elected the party's founding chairman. Under Lee's leadership,

18084-534: Was based on that issued to Daniel O'Connell ; the recipient would be styled "Senior Counsel" (SC; Irish abhcóide sinsir or abhcóide sinsearach ). According to the view held at the time, the "privilege of patent" was part of the royal prerogative within the Free State. The early patents were issued under the Free State's [internal] Great Seal by the Governor-General as the King's representative, on

18221-468: Was dissatisfied with the Clinton administration's unwillingness to take a tough line on the Beijing's policy of Provisional Legislative Council. He met with Clinton again in 1998 during his visit to Hong Kong. It was widely speculated that whether Martin Lee would become "Martyr Lee", a nickname given by some in the business community, after 1997 given his high-profile pro-democracy and anti-Beijing stance which

18358-413: Was dissolved, alongside a number of other legislators; they later won back their seats in the Legislative Council in 1998. He resigned as the chairman of the Democratic Party in December 2002, and in 2008 he retired as a member of the Legislative Council. Prior to July 2020 he remained active in advocating and lobbying for the democratic cause both locally and internationally. This ended with the passage of

18495-475: Was marginalised by his party when he held different stance on the " Five Constituencies Referendum " proposed by the radical League of Social Democrats to press the government to implement the universal suffrage of the Chief Executive and the Legislative Council in 2012 by launching a territory-wide by-election after five pro-democracy Legislative Councillor resigned from their offices at the same time, while

18632-408: Was not charged. Now I've finally become a defendant. I feel proud that I have a chance to walk this path of democracy together with them." Senior Counsel Just as a junior counsel is " called to the [Outer] Bar ", a Senior Counsel is, in some jurisdictions, said to be " called to the Inner Bar ". Senior Counsel may informally style themselves as silks , like their British counterparts. This

18769-450: Was seen as "counter-revolutionary" and "subversive" by Beijing. Lee said he would never leave Hong Kong and stressed that he was not anti-China but only opposed the regime in Beijing. Martin Lee and the Democratic Party was elected back to the Legislative Council in the 1998 first election . Despite winning the most votes, the party seats decreased to 13, as their advantage was undermined by the proportional representation system installed by

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