HONG KONG LEGISLATIVE COUNCIL -15 February 1989
香港立法局———————— 一九八九年二月十五日
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For the reasons I have already described, the Bill proposes that certain lawyers within the Judicial and the Government Legal Service who have, in effect, been practising in Hong Kong as barristers should be eligible to be admitted by the Chief Justice as barristers without being required first to obtain the Post Graduate Certificate of Laws, subject to similar conditions to those required in the case of solicitors. These are set out in clause 10 of the Bill. As with solicitors, the Bill sets an annual quota for the number of lawyers who may become Hong Kong barristers under this provision. Clause 11 of the Bill fixes that quota at five.
I turn now to the Advisory Committee on Legal Education which is established by section 74A of the Legal Practitioners Ordinance. The advisory committee has brought to notice some imperfections in the present system. These are identified as : unduly narrow terms of reference; rigid provisions for membership; the absence of provision for alternate members; the lack of a power of co-option; the lack of any reference to the obligation of the committee to report from time to time to the Governor; and the need for the City Polytechnic and the Secretary for Education and Manpower to be represented. Clause 17 of the Bill seeks to remedy these shortcomings.
Finally, I would like to deal, briefly, with the amendment relating to bankrupt solicitors. Recently, a solicitor, the subject of a receiving order in bankruptcy, was charged under section 45(1) of the Legal Practitioners Ordinance with being an unqualified person who acted as a solicitor in a criminal cause. The charge failed because the person concerned was still on the roll of solicitors and was not suspended from practice. Clause 5 of the Bill therefore seeks to amend the Ordinance to make it clear that a solicitor who is subject to a receiving order in bankruptcy is not qualified and thus commits an offence if he acts as a solicitor.
Sir, I move that the debate on this motion be now adjourned.
Question on adjournment proposed, put and agreed to.
LEGAL OFFICERS (AMENDMENT) BILL 1989
The ATTORNEY GENERAL moved the Second Reading of: "A Bill to amend the Legal Officers Ordinance".
He said: Sir, I move that the Legal Officers (Amendment) Bill 1989 be read a Second time.
The UMELCO Panel to which I have already referred when introducing the Legal Practitioners (Amendment) Bill 1989 recommended that the Legal