H.
ANCILLARY MATTERS
1.
The
2.
Committee recognises that its proposals, and indeed
any other proposals, will need to be underpinned by
appropriate legislation So as to ensure that the privileges to be granted by the Scheme, and the Scheme's requirements, cannot be circumvented, with appropriate penalties introduced for failure to comply with that legislation. In particular:
a Hong Kong solicitor and a local law firm will not be allowed to do anything which would result
in the Scheme being breached; and
the Council's existing powers to control the use by Hong Kong solicitors of names other than their
own, except with the consent of the Council, will
continue and will if necessary be strengthened.
Amendments may also be needed so as to ensure that the
Scheme does not, inadvertently or otherwise, grant
privileges which are not available for the local profession.
The Committee has also recognised, as its discussions have progressed, that the existing legislative and regulatory regime with respect to the Hong Kong legal
profession is in need of thorough review. The
Committee understands that Government shares this view
and it is hoped that in due course a comprehensive and consistent legislative and regulatory regime can be developed encompassing the practice of law in Hong Kong
in all its forms.
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