CONFIDENTIAL
HKB 373/1
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154020
MDHIAN 8159
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CONFIDENTIAL
FM HONG KONG
TO DESKBY 11140OZ FCO
TELNO 130
OF 11123OZ JANUARY 89
INFO IMMEDIATE PEKING
INFO ROUTINE UKREP JLG HONG KONG
MY SECOND IPT: ADMISSION OF CERTAIN GOVERNMENT LAWYERS FOR PRIVATE
PRACTICE: DRAFT Q AND A BRIEF
BEGINS
Q1. WHY IS THERE A NEED TO TIGHTEN THE CRITERIA FOR ADMISSION OF UK
QUALIFIED LAWYERS?
A1. IT IS DESIRABLE THAT LAWYERS SHOULD ONLY BE ADMITTED TO PRACTISE
IN HK WHEN THEY HAVE SOME KNOWLEDGE OF THE LOCAL PRACTICE. THE NEW
CRITERIA WOULD MEET THIS NEED.
Q2. WHY RESTRICT LEGAL OFFICERS TO LAWYERS QUALIFIED IN SPECIFIED
JURISDICTIONS?
A2. THESE ARE THE JURISDICTIONS WHICH, LIKE THE UK, HAVE LEGAL SYSTEMS MOST CLOSELY EQUIVALENT TO THE LEGAL SYSTEM IN HK, WHICH IS THE COMMON LAW.
Q3. WHAT ARE THE REASONS FOR FORBIDDING AUSTRALASIAN
COUNSEL TO PRACTISE IN THE PROVATE SECTOR IN THE PAST? WHAT
CIRCUMSTANCES HAVE NOW CHANGED NECESSITATING A CHANGE IN THE PRESENT
POLICY?
A3. HISTORICALLY ONLY UK LAWYERS COULD PRACTISE IN HK. THEN HK
BEGAN TO TRAIN LOCAL LAWYERS. AUSTRALASIAN LAWYERS WERE ONLY
BROUGHT INTO THE GOVERNMENT LEGAL SERVICE TO SOLVE RECRUITMENT
DIFFICULTIES. THIS WAS INTENDED TO BE A SHORT TERM MEASURE BUT
HAS BEEN THE PRACTICE FOR SOME TIME.
Q4
WHAT ARE THE REASONS FOR THE PROPOSAL TO ALLOW LAWYERS
QUALIFIED OVERSEAS TO BE ADMITTED TO PRIVATE PRACTICE IN HONG KONG?
A4. THE LAWYERS ARE ALREADY QUALIFIED UNDER THE LEGAL OFFICERS ORDINANCE TO PRACTICE IN HK, ALBEIT IN THE GOVERNMENT. MOST OF THEM
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