CONFIDENTIAL
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be conferred on the Court to permit foreign law firms which and that meet certain criteria to
Hong Kong practise provision be made enabling such firms to employ, or take into In relation to domestic law partnership, Hong Kong solicitors. firms it will be proposed, for the reasons set
set out in paragraph 8, that they be put on equal terms with foreign firms and that
them to made enabling
employ provision be
Provisions
or
take
int o partnership foreign lawyers.
are proposed dealing with rules governing the practice of Hong Kong law, penalties for non compliance and transitional arrangements.
8
Current ly
a
foreign lawyers as
advise
employ Although
number
law firms of domestic consultant s in their practices. they are not permitted to sign correspondence or
correspondence or to share in profits they do assist these firms to
on foreign law. and extending The possibility of formalising such arrangement s the proposals to cover domestic law firms who wish to take in as a partner a foreign lawyer was not addressed by Members when The Administration they considered the matter on 26 July 1988.
firms to become considers that having permitted foreign law multi-national practices it would be unfair
would be unfair and illogical to deny domestic law firms the same opportunity or to exclude such firms from
scheme of
designed to control
regulate of foreign practice
law by foreign lawyers. Proposals are therefore to be made in the consultative document to permit domestic law firms to employ, or take in as partners, foreign lawyers. Advice of Members on this question will be sought at the conclusion of the consultation period.
9
The
a
a
matter
for
set out in
the
the
the
detailed
be proposals to
consultative document are particularly formulated with the aim of meeting the concerns which have been expressed by the Law Society that foreign lawyers will be able to practise Hong Kong law either directly or indirectly through the supervision of Hong Kong solicitor employees
junior or
Although partners. formulation of rules governing the practice of foreign law firms is largely
Law Society, the suggestions will be included in the consultative document which These will include a are intended to be of assistance to them.
a foreign lawyer practising in a foreign law suggestion that firm should not enter into partnership with any Hong Kong
standing and that solicitor who is of less than 10 years foreign law firm should not be permitted to employ a Hong Kong solicitor of less than 5 years' standing to advise on Hong Kong law.
a
10
With the
exercised
aim of
and
ensuring that there is adequate
assumed responsibility
at
an
supervision appropriate level, it will
will be suggested that any foreign law firm employing a Hong Kong solicitor should have at least
should solicitor
direct his who such
as a partner,
to attention
the affairs of the firm,
of the firm, for every every solicitors so employed.
three
one
full
such
CONFIDENTIAL