CONFIDENTIAL
HKB 373/1
CONFIDENTIAL
FM FCO
TO DESKBY 13010OZ HONG KONG
TELNO 136
OF 12170OZ JANUARY 89
INFO IMMEDIATE PEKING, UKREP JLG HONG KONG
8
10
N
A
12
161472 MDHOAN 2606
YOUR TELNOS 128-130: ADMISSION OF CERTAIN GOVERNMENT LAWYERS FOR
PRIVATE PRACTICE
1.
THANK YOU FOR TURS AND THE CLARIFICATION OF YOUR THINKING ON
THE TIMING OF THIS EXERCISE.
2.
WE HAVE A NUMBER OF COMMENTS ON SECOND TUR:
(A) PARA 3,
LINE SEVEN: WE SUGGEST QUOTE PRACTICE HONG KONG LAW UNQUOTE SHOULD READ QUOTE PRACTICE LAW IN HONG KONG UNQUOTE. (B) PARA 3, FINAL SENTENCE: WE WONDER WHETHER THIS POINT IS VALID? IS THERE ANY EVIDENCE THAT THE PRESENT ARRANGEMENTS FOR UK LAWYERS DISCOURAGES LOCAL PEOPLE FROM BECOMING LAWYERS? (C) PARA 4, FIRST SENTENCE: WE SUGGEST THIS SHOULD BEGIN QUOTE. THE SECOND PROPOSAL CONCERNS THE ADMISSION OF LAWYERS
.UNQUOTE.
(D) PARA 4, SECOND SENTENCE: WE SUGGEST THIS SHOULD BEGIN QUOTE... SUCH EXPATRIATES ...UNQUOTE.
(E) PARA 4, SECOND SENTENCE: WE SUGGEST THIS SHOULD END QUOTE... AND HAVE BEEN RESIDENT IN HONG KONG FOR SOME YEARS ..UNQUOTE. (F) PARA 4, FOURTH SENTENCE: WE SUGGEST THIS SHOULD BEGIN QUOTE.. UNDER EXISTING RULES EXPATRIATE AND HONG KONG CHINESE LAWYERS
...UNQUOTE.
(G) PARA 4, SIXTH SENTENCE: WE SUGGEST THIS SHOULD END QUOTE... PROVEN EXPERIENCE IN HONG KONG LAW...UNQUOTE.
(H) PARA 4, SEVENTH SENTENCE: WE DO NOT FIND THIS VERY CONVINCING. AN ALTERNATIVE MIGHT BE QUOTE... IN PRACTICE THIS REQUIREMENT
MEANS THAT IF THESE LAWYERS DECIDE TO LEAVE THE GOVERNMENT THEIR EXPERIENCE AND EXPERTISE CANNOT BE READILY USED IN HONG KONG AND MAY THUS BE LOST TO THE HONG KONG COMMUNITY .UNQUOTE.
--
WE
(I) PARA 4, FINAL SENTENCE: WE THINK THIS IS A LITTLE DISINGENUOUS. WE SUGGEST IT SHOULD READ QUOTE WE ARE AWARE THAT THE PROPOSAL MAY RESULT IN SOME PEOPLE FROM THE JUDICIARY AND
THE LEGAL SERVICE DECIDING TO JOIN THE PRIVATE SECTOR.
THEREFORE ALSO PROPOSE TO REGULATE THE NUMBERS BY LIMITING SUCH
ADMISSIONS TO A MAXIMUM OF 10 SOLICITORS AND 5 BARRISTERS A YEAR.
THIS WILL ENSURE THAT THE JUDICIARY OR THE GOVERNMENT LEGAL
1
PAGE
CONFIDENTIAL