Assistant Solicitor becoming a Partner
A solicitor became a partner in a Hong Kong law firm on 1 November 2010. He continued to be a partner until 30 June 2011. He then changed firm and worked as a consultant from 1 July 2011. Which core programme should he complete on or before 31 October 2011?
On the basis that the solicitor has completed the non-principal’s core courses, he should proceed to complete the principal’s core courses on or before 31 October 2011. Once he has completed the principal's core courses, even though he changed to a non-principal position as "consultant" later in the practice year, he would not be required to complete the non-principal’s core courses then.
A solicitor worked as an assistant solicitor in a Hong Kong firm on 1 November 2010. He was promoted to the position of "partner" on 1 July 2011. What would be his RME obligations for the practice year 2010/11?
On the basis that the solicitor has completed the non-principal’s core courses, he should proceed to complete the principal's core courses on or before 31 October 2011.
A solicitor worked as an assistant solicitor on 1 November 2010. He was promoted to the position of "partner" on 1 October 2011. What would be his RME obligations for the practice year 2010/11?
Since the solicitor has not been a partner for 100 days or more during 2010/11, he is required to complete the non-principal’s core courses on or before 31 October 2011.
Trainee Solicitor
A trainee solicitor commenced his trainee solicitor contract on 1 July 2008, what would be his RME obligations?

The RME Rules apply to trainee solicitors who commence their first trainee solicitor contract on or after 1 November 2008. If a trainee solicitor commenced his first trainee solicitor contract on 1 July 2008, the RME Rules do not apply to him. Accordingly, he is not subject to any RME obligations when he is a trainee solicitor. When he works as a solicitor in a Hong Kong firm after his admission as a Hong Kong solicitor, he will be subject to the RME Rules. During the first practice year that the Rules apply to him, he has to complete the non-principal’s core courses and then not less than 3 hours of RME electives within every subsequent practice year.

Example1 - A trainee solicitor commences his trainee solicitor contract on 1 July 2011. What would be his RME obligations?

His first RME practice year commenced on 1 November 2010 and ends on 31 October 2011. As he has been in training for more than 100 days in the 2010/11 RME practice year, he will be required to complete the trainee solicitor’s core courses on or before 31 October 2011.

Example2 - A trainee solicitor commences his trainee solicitor contract on 1 September 2011. What would be his RME obligations?

His first RME practice year commenced on 1 November 2010 and ends on 31 October 2011. As there are less than 100 days between 1 September 2011 and 31 October 2011, the first practice year is an exempted practice year and the trainee solicitor will not be required to complete the trainee solicitor’s core courses on or before 31 October 2011. However, he must complete the core courses on or before 31 October 2012 and the compulsory first elective by the end of his trainee solicitor contract on 31 August 2013.

Example 3 - A trainee solicitor commences his trainee solicitor contract on 1 December 2011. What would be his RME obligations?
His first RME practice year commences on 1 November 2011 and will end on 31 October 2012. He will be required to complete the trainee solicitor’s core courses on or before 31 October 2012.


His second RME practice year commences on 1 November 2012 and will end on 31 October 2013. He will be required to complete the compulsory first elective for trainee solicitors by 31 October 2013.

He must complete both the core courses and the compulsory first elective as a pre-requisite condition for admission as a Hong Kong solicitor.

Foreign Lawyer
A foreign lawyer has all along been working in a foreign law firm. What would be his RME obligations?

The RME Rules apply to registered foreign lawyers practising as such in Hong Kong firms only. They do not apply to foreign lawyers working in foreign firms. Accordingly, a foreign lawyer working in a foreign law firm is not required to complete any RME obligations.

A registered foreign lawyer worked in a foreign law firm from April to November 2009 and in December 2010, he left the foreign firm and has since commenced practice in a Hong Kong law firm as a registered foreign lawyer. What would be his RME obligations?

With effect from 1 November 2009, the RME Rules apply to registered foreign lawyers working in Hong Kong firms. If a registered foreign lawyer works in a Hong Kong firm in such capacity for 100 days or more in an RME practice year, he has to complete the core courses for foreign lawyers in the first year that the Rules apply to him and then 3 hours of electives every subsequent practice year that the Rules apply to him.

For the particular foreign lawyer in the question, he needs to complete the core courses for foreign lawyers on or before 31 October 2011. If he continues working in the same capacity in a Hong Kong firm, he will be required to complete not less than 3 hours of RME electives within every subsequent RME practice year that runs from 1 November to 31 October.

A foreign lawyer has successfully taken the OLQE and practised as a foreign lawyer in a Hong Kong law firm for more than 100 days in the 2010/2011 RME practice year prior to his admission as a Hong Kong solicitor. What would be his RME obligations?

He must complete the core courses for foreign lawyers on or before 31 October 2011. His obligation to complete the core courses for foreign lawyers on or before 31 October 2011 is exempted on condition that he completes the core courses for non-principal Hong Kong solicitors on or before 31 October 2011 instead, even though he may not have been in practice as a Hong Kong solicitor for more than 100 days by then. Alternatively, if he chooses not to attend the core courses for non-principal Hong Kong solicitors, he must complete the core courses for foreign lawyers on or before 31 October 2011 even after his admission as a Hong Kong solicitor as the exemption will not be applicable to him.

Structure of the principal's core courses
What is the duration of the principal’s core courses?

With effect from 1 November 2007, on the basis that the participants have completed the non-principal’s core courses, the principal’s core courses comprise 4 half-day modules. Each half-day module lasts for about 3½ hours.

Do the core modules have to be taken in a specific sequence or with a specific time gap?

Each module will provide a series of seminars and workshops. A case study will be used throughout. The subject matter of each module will address a different aspect of the case study, as well as considering the relevance and impact of earlier modules. It is therefore recommended that the modules be taken in sequence with a gap of not longer than two months between each module.

Structure of the non-principal's core courses
What is the duration of the non-principal’s core course?

The non-principal’s core courses comprise 2 half-day modules. Each half-day module lasts for about 3½ hours.

Do the modules have to be taken in sequence?

The non-principal’s core courses must be taken in sequence.

Attendance
A solicitor required to complete the RME requirements missed part of the last module of the courses. Is he required to take the module again?

A solicitor is deemed to have attended all RME courses to the satisfaction of the Society in compliance with the RME Rules if

1. he has attended all of the RME courses he is required to complete under the RME Rules; and
2. for each of those RME courses, he is awarded the CPD points accredited to the course, in accordance with the CPD attendance policy applicable from time to time.
A partner completed the RME Programme in June 2011 and obtained a total of 24 CPD points. In addition, he accumulates 15 CPD points by attendance of a law course (not part of the RME Programme) during the CPD practice year 2010/11. How many CPD points can he carry forward to the next CPD practice year?

The partner has obtained a total of 39 points for the CPD practice year 2010/11. Assuming that the partner’s CPD requirement for the CPD practice year 2010/11 is 15 CPD points, after utilising 15 CPD points out of the 39 points to satisfy his CPD requirement for 2010/11, he can carry forward a maximum of 15 CPD points (out of the balance of 24 CPD points) to the next CPD practice year of 2011/2012.

Recognition of other risk management courses / activities
A solicitor has attended a risk management course organised by a commercial provider and accredited with CPD points. Can he be exempted from the RME requirements?

Those to whom the RME Rules apply must attend the mandatory RME courses approved by the Society. There will be no exemption from the RME requirements other than under the circumstances specified under rules 8 or 8A of the RME Rules. Accordingly, a solicitor who has attended a risk management course other than the mandatory courses offered or accredited by the Society will not be deemed to have complied with the RME requirements.

Is course attendance the only way to satisfy RME obligations?

No, a practitioner may satisfy his RME elective obligations by undertaking accredited RME activities other than course attendance. It includes writing dissertation, articles and books, doing legal research and participation in approved committees provided that the activity has been accredited as an RME elective by the Law Society.

Carry Over
A partner of a Hong Kong firm has completed the core programme for principals in 2009/10. He has not done any RME courses in 2010/11. What would be his RME obligations for the practice year 2011/12?

Since he has not completed at least 3 hours of RME electives in 2010/11, he is required to complete not less than 6 hours of RME electives on or before 31 October 2012.

A partner of a Hong Kong firm has completed the core programme for principals in 2009/10. He has completed 2 courses of RME electives (8 CPD points) during 2010/11. What would be his RME obligations for the practice year 2011/12?

The solicitor is only required to complete not less than 3 hours of RME electives each year. Since he has completed 2 courses of RME electives and obtained 8 CPD points during 2010/11, he could use 3 out of the 8 CPD points to fulfill his RME elective obligations for 2010/11 and carry forward 3 out of the 5 excess CPD points he obtained from attending RME electives to satisfy his RME obligations for the following practice year of 2011/12. Accordingly, in 2011/12, he is not required to take any more RME electives.