HONG KONG LEGISLATIVE COUNCIL —
香港立法局 一九八九年七月十九日
19 July 1989
59
Another area addressed by the Bill, which is the imposition of certain restrictions on the present unfettered right of the United Kingdom barristers and solicitors to enter into practice in Hong Kong, is strongly supported. This involved, in the case of solicitors, a three months' residential requirement before the person can apply for admission and a 12 months' residence in Hong Kong before deemed eligible to apply for an unconditional practising certificate. As regards United Kingdom barristers, the person must have at least three years' practice in the United Kingdom and have resided in Hong Kong for at least seven years.
In the past, legal officers working in the Judiciary and government legal services are not entitled to be admitted as Hong Kong solicitors unless they obtain a Post-graduate Certificate of Law from the University of Hong Kong. However, it is reckoned that some of these lawyers have substantial experience and practice of Hong Kong law. The Chief Justice's committee thus recommended that such lawyers be exempted from pursuing the Post-graduate Certificate of Law and be allowed to be admitted under certain specified conditions.
The Chief Justice's committee has recommended that only service in the Legal Department should be recognized for eligibility to apply for admission. The Administration's view, however, was that there was no basis for discriminating lawyers from the other government departments if they are able to meet the necessary criteria. Both the Law Society and the Bar Association held a strong view, and the Administration conceded that judicial officers should not be eligible.
The Law Society was receptive to the Administration's proposal to include the Registrar General's Department and the Legal Aid Department (for solicitors' work) whilst the Bar Association considered that, as regards barristers, only those from the Attorney General's Chambers should be eligible. After some lengthy discussions among the various parties, it was decided that meanwhile only legal officers from the Legal Department should be eligible, but should discovery be made of meritorious and eligible candidates from the other departments being prejudiced by the present scheme, the situation would be subject to further review.
Sir, the intention of the Chief Justice's committee was that lawyers from Commonwealth countries applying the common law as a substantial part of their legal system should be allowed to admission, subject to the other qualifying conditions in the Bill. Since reference to the Commonwealth would no longer
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