CONFIDENTIAL
140743
MDLIN 6423
ORDINANCE TO PRACTICE IN HK, ALBEIT IN THE GOVERNMENT. MOST OF THEM CARRIED OUT WORK IDENTICAL TO THOSE IN PRIVATE PRACTICE. IT IS CONSIDERED INEQUITABLE NOT TO ALLOW THEM TO BE ADMITTED TO PRIVATE WHEN THEY HAVE ALREADY PROVED THEIR COMPETENCE IN GOVERNMENT SERVICE AND WHEN THEIR COLLEAGUES FROM UK ARE SO ALLOWED.
Q5. WHAT IS THE RATIONALE BEHIND THE RECOMMENDATION THAT LAWYERS FROM COMMONWEALTH COUNTRIES SHOULD BE ALLOWED TO PRACTISE AFTER 7 YEARS' RESIDENCE IN HK?
A5. 7 YEARS' ORDINARY RESIDENCE IS ALREADY THE PERIOD SPECIFIED IN SOME ORDINANCES AS QUALIFYING PERIOD.
Q6. CAN THE SCHEDULE OF COUNTRIES BE CHANGED? IF SO, UNDER WHAT CIRCUMSTANCES?
A6. THEORETICALLY, YES. BUT THE SCHEDULE ALREADY INCLUDES ALL THE COUNTRIES FROM WHICH LAWYER HAVE BEEN RESTRICTED BY HKG IN THE PAST. MOST UNLIKELY TO BE CHANGED.
Q7. ARE THE LEGAL SYSTEMS IN THE COMMONWEALTH COUNTRIES LISTED IN THE SCHEDULE EXACTLY IDENTICAL TO THAT IN HK?
A7. THEY ARE ALL COMMON LAW JURISDICTIONS WHICH HAVE LEGAL SYSTEMS MOST AKIN TO THE LEGAL SYSTEM IN HK.
Q8.
YOU MENTIONED SHORTAGE OF EXPERIENCED LAWYERS IN HK. WHAT ARE THE EVIDENCE IN SUPPORT OF THIS?
A8. THE QUESTION OF HOW MANY LAWYERS A COMMUNITY NEEDS IS VERY DIFFICULT TO ANSWER. WE HAVE LOOKED AT THE QUESTION FROM VARIOUS ANGLES. ON A STRAIGHT RATIO OF NUMBERS OF LAWYERS TO NUMBERS OF POPULATION AS COMPARED WITH OTHER JURISDICTIONS FOR EXAMPLE ENGLAND AND WALES, NEW SOUTH WALES, SINGAPORE AND NEW ZEALAND, HONG KONG HAS FEWER LAWYERS.
Q9. IS THERE A SIMILAR SHORTAGE IN THE GOVERNMENT TOO? WOULD THE PROPOSAL AFFECT SITUATION IN HKG?
IF SO, HOW
A9. THERE IS NO SHORTAGE OF EXPERIENCED LAWYERS IN GOVERNMENT. THE PROPOSED QUATA SYSTEM WILL ENSURE THAT THE IMPACT ON GOVERNMENT LEGAL SERVICE WILL BE KEPT TO A MINIMUM, ALLOW LOCAL OFFICERS TO ADVANCE, AND PROVIDE ADEQUATE OPPORTUNITY TO RECRUIT NEW EXPERIENCED COUNSEL TO REPLACE THOSE LAWYERS WHO TAKE ADVANTAGE OF THE NEW