For decision on
28 January 1992
24
RESTRICTED
HKA
373/1
Recid→22 APR 1992
PA
*
Dess William имат
XCR(92)11
Copy No. 32
To glance
Ра
→ 3011
MEMORANDUM FOR EXECUTIVE COUNCIL
Legal Practitioners Ordinance (Chapter 159)
FOREIGN LAWYERS AND FOREIGN LAW FIRMS
THE PROBLEM
There are no statutory provisions for the entry and practice of foreign lawyers and foreign law firms in Hong Kong. The Legal Practitioners Ordinance currently presents barriers to foreign lawyers being admitted to practise as Hong Kong solicitors.
RECOMMENDATION AND ADVICE SOUGHT
2
Society -
(a)
It is recommended that the October 1991 Reports of the Law
"Outline Proposals for the Regulation of Foreign Lawyers and Foreign Law Firms" (Annex A); and
A
(b)
B
❝Scheme for Admission of Non-Hong Kong Qualified Lawyers" (Annex B),
should be accepted in principle and implemented by amendments to the Legal Practitioners Ordinance and by subsidiary legislation.
3
Members will be asked to advise whether this recommendation should be approved.
BACKGROUND AND ARGUMENT
4
A "foreign lawyer" is a lawyer qualified in another jurisdiction who is not admitted under the Legal Practitioners Ordinance as a solicitor to practise Hong Kong law. A "foreign law firm" is a firm of foreign lawyers which may be practising in Hong Kong and another jurisdiction, or which may be seeking to practise in Hong Kong, and where the partners are not Hong Kong qualified solicitors.
Executive Council