CONFIDENTIAL
HKB 373/i
CONFIDENTIAL
FM HONG KONG
TO PRIORITY FCO
TELNO 71
OF 06100OZ JANUARY 89
N
INFO PRIORITY PEKING, UKREP JLG HONG KONG
2
140651
MDLIAN 6406
MY 1ST IPT: ADMISSION OF CERTAIN GOVERNMENT LAWYERS FOR PRIVATE
PRACTICE
THE FOLLOWING IS TEXT OF DRAFT SPEAKING NOTE:
BEGINS
1. HKG WILL ANNOUNCE LATER TODAY PROPOSALS TO AMEND LEGAL PRACTIONERS ORDINANCE AND LEGAL OFFICERS ORDINANCE. RELEVANT BILLS WILL BE
PUBLISHED IN GAZETTE ON 20 JANUARY.
2. PUPRPOSE OF PROPOSALS IS TO RECTIFY CERTAIN ANOMALIES OR INADEQUACIES IN EXISTING LEGISLATION. THESE WERE IDENTIFIED, AND SOLUTIONS PROPOSED, FOLLOWING :
(A) PETITION TO UMELCO IN MARCH 1986 FROM A NUMBER OF AUSTRALASIAN
SOLICITORS AND BARRISTERS EMPLOYED BY GOVERNMENT:
(B) CONSIDERATION OF PETITION BY UMELCO STANDING PANEL:
(C) SUBSEQUENT REVIEW BY CJ'S COMMITTEE: AND
(D) CONSIDERATION BY GOVERNOR IN COUNCIL
3. BEFORE A LAWYER CAN PRACTISE LAW IN HK AS SOLICITOR OR BARRISTER, MUST BE FORMALLY ADMITTED BY COURT. TWO GROUPS OF LAWYERS ARE AT PRESENT ELEGIBLE FOR AUTOMATIC ADMISSION WITHOUT RESTRICTIONS, I.E. HK QUALIFIED AND UK QUALIFIED. ADDITIONAL REQUIREMENTS APPLY TO LAWYERS QUALIFIED IN OTHER JURISDICTIONS. FOR EXAMPLE, LAWYERS QUALIFIED IN OTHER COMMONWEALTH COUNTRIES HAVE TO OBTAIN POST GRAD- UATE CERTIFICATE OF LAWS (PCLL) AND HAVE SEVEN YEARS' RESIDENCE IN HK BEFORE THEY CAN BECOME BARRISTERS IN HONG KONG, OR OBTAIN PCLL AND SERVED TWO YEARS AS ARTICLE CLERKS BEFORE THEY ARE ALLOWED TO PRACTI-
CE AS SOLICITORS IN HONG KONG.
4. THERE IS HOWEVER NO LEGAL RESTRICTION ON JURISDICTIONS FROM WHICH
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CONFIDENTIAL