HONG KONG LEGISLATIVE COUNCIL

香港立法局 一九八九年七月十九日

19 July 1989

62

solicitors to undertake an examination in solicitors' accounts unless otherwise exempted. This amendment accepts a proposal from the Law Society, which recognizes that solicitors, who handle clients' money, must be able to demonstrate that they have had sufficient training and obtained qualification in solicitors' accounts.

The Bill makes no provision for those former government lawyers admitted as barristers to undertake examinations. But all who are admitted will be required by the Barristers (Qualification) Rules to undergo a period of pupillage with a practising barrister. This requirement will ensure that those who intend practising at the Bar by this route will have had a period of transition during which they will have the opportunity to acquire a knowledge of practice at the private Bar.

The amendments that Mr. Edward HO and I propose to move at the Committee stage in no way detract from the philosophy behind this Bill. That philosophy has two main aspects. The first seeks to strengthen the legal profession in Hong Kong by imposing some restrictions on the present unfettered right of entry of United Kingdom lawyers to practise here. The second is to permit a small number of lawyers in government legal service who are not presently entitled to become Hong Kong barristers and solicitors to join the legal professions here. Those that are eligible to be admitted under the scheme will have considerable experience in government legal service. Those who are admitted under this scheme, while a loss to Government, will be an asset to whichever branch of the profession they join.

Sir, in making these remarks, I am mindful of the need for a general review of admission to practise law in Hong Kong for lawyers coming from the United Kingdom and the Commonwealth. I touched on this topic in relation to United Kingdom lawyers in this Council on 23 November last year. That general review will naturally be undertaken in consultation with the Bar Association and the Law Society.

Sir, it would be a failure on my part not to re-affirm my appreciation of the contribution of the various parties concerned with this Bill. That includes the ad hoc group, the Bar Committee, and the Council of the Law Society. Their hard work, careful thought and concern for the public interest have contributed to the production of this Bill.

Sir, I beg to move.

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