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CHAPTER 3

AMENDMENTS TO THE LEGAL PRACTITIONERS ORDINANCE

Summary

3.1

In order to achieve the aims set out in Chapter 1, it is proposed that the Legal Practitioners Ordinance be amended to make provision for the admission by the Court of foreign lawyers to a roll to be kept by the Registrar of the Supreme Court, the qualifications required before foreign lawyers are eligible for admission to that roll and the issuing of practising certificates to foreign lawyers. It is intended that all foreign lawyers practising law in Hong Kong and offering advice to the public would be required to be admitted.

3.2

In relation to foreign law firms, it is proposed that power be conferred on the Court to permit foreign law firms which meet certain criteria to practise in Hong Kong and that provision be made enabling such firms to employ or take into partnership local solicitors.

3.3

Currently, a number of domestic law firms employ foreign lawyers as consultants in their practices. Although they are not permitted to sign correspondence, to share profits or to be named on the professional stationery of the firm they do assist these firms to advise on foreign law. Having announced a proposal to permit foreign law firms, in effect, to practise multi-jurisdictional law it would be illogical and unfair to deny domestic law firms the same opportunity or to exclude such firms from a scheme of control designed to regulate the practice of multi-jurisdictional law. It is therefore proposed that domestic law firms be put on equal terms with foreign law firms and that they be able, if they so wish, to employ, or

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