CONFIDENTIAL
I HKD 31
340/4
CONFIDENTIAL
FM FCO
TO IMMEDIATE HONG KONG
TELNO 406
OF 28171OZ FEBRUARY 91
INFO IMMEDIATE BTC HONG KONG
TOP COPY Q DIST?
63
113677
MDHOAN 8900
Enter
BRITISH NATIONALITY (HONG KONG) ACT: LETTER FROM THE HONG KONG BAR ASSOCIATION
1.
MR ANTHONY RODGERS, CHAIRMAN OF THE HONG KONG BAR ASSOCIATION, HAS JUST WRITTEN TO THE SECRETARY OF STATE ASKING THAT MEMBERS OF THE HONG KONG BAR ASSOCIATION, AND IN PARTICULAR THOSE WHO ARE MEMBERS OF ONE OF THE FOUR LONDON INNS OF COURT, BE GIVEN THE SAME TREATMENT AS EMPLOYEES OF BRITISH COMPANIES IN HONG KONG, IE THAT THEY SHOULD QUALIFY FOR UP TO AN ADDITIONAL THIRTY FIVE POINTS.
2. HIS ARGUMENT IS THAT COMPANIES WHICH HAVE BEEN DEFINED AS BRITISH FOR THE PURPOSES OF THE ACT INCLUDE ALL ENGLISH FIRMS OF SOLICITORS WITH BRANCHES IN HONG KONG, AS WELL AS THE TWO LARGEST LOCAL FIRMS OF SOLICITORS. SOLICITORS WHO ARE PARTNERS IN, OR EMPLOYED BY, THOSE FIRMS, CONSTITUTE A SIGNIFICANT PROPORTION OF PRACTISING SOLICITORS ELIGIBLE TO APPLY UNDER THE SCHEME. HOWEVER, ALL PRACTISING MEMBERS OF THE BAR BY LAW AND THEIR CODE OF CONDUCT MUST BE SELF EMPLOYED. AS BARRISTERS HAVE TO COMPETE WITH THE OTHER PROFESSIONALS WITHIN THE LEGAL PROFESSIONALS GROUPS WHICH INCLUDES PREDOMINANTLY SOLICITORS, THE IMPLEMENTATION OF THIS ASPECT OF THE SCHEME, HE SAYS, HAS THE EFFECT OF DISCRIMINATING AGAINST ALL PRACTISING MEMBERS OF THE HONG KONG BAR ASSOCIATION.
3. MR RODGERS GOES ON TO ARGUE, IN FAMILIAR TERMS, THAT THE PRESERVATION OF THE PRACTISING BAR IS INDISPENSIBLE TO THE SURVIVAL OF THE LEGAL SYSTEM IN HONG KONG AND THAT SPECIAL CONSIDERATION SHOULD BE GIVEN TO PRACTISING BARRISTERS. HE CALLS FOR MEASURES TO ELIMINATE AT LEAST THE ANOMALY RESULTING FROM THE PRESENT SITUATION IN WHICH SOLICITORS ARE FAVOURED AT THE EXPENSE OF THE PRACTISING BAR. HE MAINTAINS THAT THIS IS ALL THE MORE IMPORTANT, GIVEN THAT THE QUOTA OF SUCCESSFUL APPLICANTS IN THE LEGAL PROFESSIONALS GROUP IS LIMITED TO ONLY 185, OUT OF AN ESTIMATED GROUP SIZE OF 2,100.
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