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THURSDAY, SEPTEMBER 15, 1988
GOVERNMENT
"IN DECIDING THAT THEY SHOULD BE PERMITTED TO DO 30 HAS RECOGNISED HONG KONG'S GROWING IMPORTANCE AS A MAJOR INTERNATIONAL FINANCIAL AND COMMERCIAL CENTRE AND OUR ABILITY TO MEET THE INCREASINGLY SOPHISTICATED DEMANDS FOR LEGAL SERVICES OF THE FINANCIAL AND COMMERCIAL COMMUNITY WILL BE ENHANCED, MR MATHEWS SAID.
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BUT SUCH ARRANGEMENTS NEEDED TO BE PROPERLY REGULATED AND IT WAS PROPOSED THAT LEGISLATION SHOULD PROVIDE DETAILED RULES GOVERNING THE RIGHTS AND PRIVILEGES, DISCIPLINE AND CONDUCT OF FOREIGN LAWYERS.
IT WAS INTENDED THE FOREIGN LAWYERS WOULD BE PLACED DISCIPLINARY CONTROL OF THE PROFESSION IN THE SAME WAY AS SOLICITORS' FIRMS PRACTISING IN HONG KONG, HE SAID.
UNDER THE ALL OTHER
HOWEVER, THE GOVERNMENT DID NOT CONSIDER THAT A FOREIGN LAWYER SHOULD BE ADMITTED TO PRACTISE AS A SOLICITOR OR BARRISTER IN HONG KONG SIMPLY ON MOTION WITHOUT EXAMINATION.
IN
"IT DOES NOT FOLLOW THAT A PERSON WHO IS QUALIFIED TO PRACTISE LAW IN ONE JURISDICTION IS NECESSARILY COMPETENT ΤΟ PRACTISE ANOTHER JURISDICTION OPERATING UNDER A DIFFERENT LEGAL SYSTEM.
"THIS MEANS THAT FOREIGN LAWYERS WHO ARE NOT QUALIFIED IN HONG KONG LAW WILL NOT BE PERMITTED TO DEAL WITH WORK WHICH FALLS WITHIN THE SOLICITORS PRESENT STATUTORY MONOPOLY," HE SAID.
MR MATHEWS SAID THE GOVERNMENT BELIEVED THE PROPOSALS ON FOREIGN LAW FIRMS WOULD ENHANCE HONG KONG'S IMAGE AS A MAJOR INTERNATIONAL FINANCIAL AND COMMERCIAL CENTRE AND THAT THE INCREASED INVESTMENT AND COMMERCIAL ACTIVITY IN THE TERRITORY WHICH WAS LIKELY TO FOLLOW WOULD BENEFIT BOTH THE LOCAL PROFESSION AND THE COMMUNITY AS A WHOLE.
TURNING TO WORK OF THE LAW REFORM COMMISSION, MR MATHEWS SAID THE WORK OF THE COMMISSION HAD INFLUENCED THE COMMERCIAL LAW OF HONG KONG.
CURRENTLY, THE GOVERNMENT WAS CONSIDERING THE COMMISSION'S REPORT ON THE ADOPTION OF THE UNCITRAL (UNITED NATIONS COMMISSION ON INTERNATIONAL TRADE LAW) MODEL LAW OF ARBITRATION WHICH RECOMMENDED THAT THE MODEL LAW SHOULD FORM PART OF HONG KONG'S LAW OF ARBITRATION FOR DETERMINING INTERNATIONAL COMMERCIAL DISPUTES;
IT WAS LIKELY THE LEGISLATIVE COUNCIL WOULD BE CONSIDERING A BILL TO THAT EFFECT BEFORE THE END OF THE YEAR, HE SAID.
IF THE BILL WERE ENACTED, HONG KONG WOULD BE ONE OF THE FIRST JURISDICTIONS TO ADOPT THE MODEL LAW.
"I HAVE