Bar Council", except when used in Rule 11, includes any sub-committee appointed under Rule 3.
"Loan" means a loan provided or to be provided from the Fund.
"Grant" means a grant provided or to be provided from the Fund.
"The Ordinance" means the Legal Practitioners Ordinance (Cap.159, L.H.K. 1981 Ed.) and all amendments thereto.
"Barrister" means a barrister within the meaning of the Ordinance.
The fund herein referred to shall be known as The Archie Zimmern Memorial Fund (hereinafter called "The Zimmern Fund").
The Bar Council shall administer the Zimmern Fund and shall be at liberty from time to time to delegate such administration or any aspect or aspects thereof to a sub-committee consisting of the Chairman of the Bar Council and 2 practising members of the Bar.
A holder of the P.C.LL. awarded by the University of Hong Kong, the City University of Hong Kong (including its predecessor known as the City Polytechnic of Hong Kong) or the Chinese University of Hong Kong shall be eligible to apply for a Loan or Grant.
A non-holder of the P.C.LL. but who otherwise falls within any of the categories of persons set out in s.27(1)(a)(iv) of the Legal Practitioners Ordinance shall be eligible to apply for a Loan or Grant if he/she is:-
A barrister who commenced pupillage not more than 6 months before the date of such application or who intends shortly thereafter to enter into pupillage; or
A person who at the date of such application is not a barrister but who:-
satisfies the requirements of Section 27 of the Ordinance or, if the same should be amended or changed, the equivalent thereof, and
undertakes to apply with due diligence to the Court to be enrolled as a barrister and thereafter to enter into pupillage.
An application for a Loan or Grant shall be made by completing an Application Form and delivered to the Honorary Secretary of the Hong Kong Bar Association.
Upon receipt of an application for a Loan or Grant, the Bar Council shall in due course consider the same and may:-
provisionally approve the application whereupon it shall cause to be sent to the applicant a letter stating that the application has provisionally but not finally been approved, stating the amount in which and the terms and conditions upon which such Loan or Grant if finally approved would be made and asking the applicant to signify in writing whether he accepts such terms and conditions; or
reject the application; or
defer further consideration of the application until such later date as the Bar Council shall think fit, and may ask for further information from the applicant.
The Bar Council shall not finally approve nor cause to be effected any Loan or Grant unless the majority of its members present when such decision is taken (the Chairman having a casting vote) are satisfied that:-
the applicant is eligible to apply for such Loan or Grant within the meaning of Rule 4; and
the applicant is reasonably in need of financial assistance to enable or assist him/her in pupillage; and
the applicant has in writing signified acceptance of the terms and conditions upon which the Loan or Grant is to be made.
The amount, duration and all other terms and conditions as to the making and repayment of each Loan (including the rate of interest, if any) shall be in the Bar Council's absolute discretion save that:-
in no single case shall the amount of the Loan exceed two-thirds of the capital comprising the Zimmern Fund;
it shall be a term or condition of each Loan that all sums due and owing by the applicant shall become immediately repayable in the event that the applicant ceases to be or to practise as a barrister or pupil, as the case may be, or defaults in making repayment of any instalment; and
it shall be a term or condition of each Loan that the same should be fully repaid (whether by instalments or otherwise) not later than 2 years after the date when such Loan is effected unless the Bar Council is satisfied that a longer period for repayment ought in any particular case to be permitted.
In no single case shall the amount of each Grant exceed two-thirds of the capital comprising the Zimmern Fund.
Upon final approval of any Loan or Grant the Bar Committee shall in due course cause payment to be effected to the applicant and on receiving payment the applicant shall in writing and by his signature acknowledge receipt of such payment and the terms and conditions upon which the Loan or Grant is made.
Amendments and additions to these Rules may be made by the Bar in General Meeting or alternatively by resolution of the Bar Council, which shall be operative forthwith, but may be revoked or amended by the Bar in General Meeting.