MONDAY, AUGUST 15, 1988
PROPOSALS ON FOREIGN LAW FIRMS WILL NOT 'OPEN FLOODGATES'
THE ASSISTANT SOLICITOR GENERAL, MR STUART COTSEN, SAID TODAY (MONDAY) THAT THERE WERE NO GROUNDS FOR CONCERN THAT THE GOVERNMENT'S RECENT PROPOSALS ON FOREIGN LAW FIRMS WOULD OPEN THE FLOODGATES AND LEAD TO THE LOCAL PROFESSION BEING DOMINATED BY FOREIGN LAWYERS.
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THE PROPOSALS WILL ALLOW FOREIGN LAW FIRNS TO EMPLOY, ADMIT AS PARTNERS, LOCAL SOLICITORS TO ADVISE ON HONG KONG LAW,
BUT AT THE SAME TIME WILL CONTINUE TO DISALLOW FOREIGN LAWYERS TO PRACTISE HONG KONG LAW ON MOTION WITHOUT HAVING TO PASS ANY EXAMINATION.
UNDER THESE PROPOSALS, FOREIGN LAWYERS WHO ARE NOT QUALIFIED IN HONG KONG'S SYSTEM OF LAW WILL NOT BE PERMITTED TO DEAL WITH WORK WHICH UNDER THE PROVISIONS OF THE LEGAL PRACTITIONERS ORDINANCE MAY ONLY BE DEALT WITH BY QUALIFIED SOLICITORS.
THE PROPOSED CHANGES, IF APPROVED BY THE LEGISLATURE, WILL APPLY TO ALL FOREIGN LAW FIRMS.
IN RESPONSE TO MEDIA REPORTS ON THE PROPOSALS, MR COTSEN POINTED OUT THAT FOREIGN LAW FIRMS HAD IN FACT BEEN OPERATING IN HONG KONG SINCE THE EARLY 1970'S AND "THEIR ADMISSION HAS BEEN REGULATED ONLY BY. A LOOSE ADMINISTRATIVE ARRANGEMENT OPERATED BY IMMIGRATION DEPARTMENT IN CONSULTATION WITH THE LAW SOCIETY WHICH NO LEGISLATIVE BACKING AND NO CLEARLY LAID DOWN CRITERIA.
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"IF THE GOVERNMENT'S PROPOSALS ARE IMPLEMENTED IT WILL THAT THE ADMISSION OF FOREIGN LAW FIRMS WILL BE BROUGHT UNDER THE CONTROL OF THE CHIEF JUSTICE BY MEANS OF A STATUTORY SCHEME.
"SO, FAR FROM OPENING THE FLOODGATES IT WILL PROVIDE AN EFFECTIVE CHECK ON BOTH THE QUALITY AND THE NUMBER OF FOREIGN LAW FIRMS PERMITTED TO PRACTISE IN HONG KONG," HE SAID.
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DOUBTS HAVE ALSO BEEN RAISED ABOUT THE POSSIBLE BLURRING OF ROLES BETWEEN THE FOREIGN LAWYER AND THE LOCAL SOLICITOR OPERATING THE SAME FIRM.
MR COTSEN SAID FOREIGN LAWYERS WILL CONTINUE TO BE BARRED FROM DEALING WITH WORK WHICH IS ONLY TO BE HANDLED BY SOLICITORS QUALIFIED IN HONG KONG LAW AS STIPULATED IN THE LEGAL PRACTITIONERS ORDINANCE.
SUCH RESTRICTIONS WILL REMAIN UNCHANGED, HE STRESSED.
IN ADDITION, THE GOVERNMENT IS PROPOSING THAT A REGULATORY FRAMEWORK BE DEVISED TO GOVERN THE RIGHTS AND PRIVILEGES, DISCIPLINE AND CONDUCT OF FOREIGN LAW FIRMS ONCE THEY ARE PERMITTED TO PRACTISE IN HONG KONG.
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