WEDNESDAY, NOVEMBER 9, 1988
29
PROPOSALS ON FOREIGN LAW FIRMS AIMED AT IMPROVEMENTS
*
THE GOVERNMENT'S PROPOSALS ON FOREIGN LAW FIRMS
THE IMPROVEMENTS TO
BRINGING ABOUT QUALITATIVE DEPUTY SOLICITOR GENERAL,
(WEDNESDAY).
MR
ERIC
MARTIN,
ARE AIMED AT
LEGAL SYSTEM, THE EVENING SAID THIS
MARTIN SAID THE CHANGE FROM THE
SPEAKING AT A FORUM ORGANISED BY THE HONG KONG UNIVERSITY LAW
MR FIRMS, ASSOCIATION ON THE ISSUE OF FOREIGN LAW
A NEED FOR GOVERNMENT HAD BEEN ASKED WHY IT FELT PRESENT ARRANGEMENTS.
IN OTHER WORDS, SAID MR MARTIN: "THE IS THAT IF IT AIN'T BROKE WHY FIX IT?'
ARGUMENT AGAINST CHANGE
"FAR FROM SUGGESTING THAT ANYTHING IS BROKEN, WE ARE TO MAKE WHAT IS GOOD EVEN BETTER.
PROPOSING
WERE OFTEN MR MARTIN, WHO OPENED THE DEBATE, SAID GOVERNMENTS
HEADS
THE BURIED IN
SAND: "BUT ON THIS ACCUSED OF HAVING THEIR
THE SAND AND OCCASION AT LEAST WE HAVE FIRMLY PLUCKED OUR HEAD FROM
WORLD HAVE CLEARLY IN SIGHT THE FURTHER ELEVATION OF HONG KONG ON THE STAGE."
THE CRITICISMS AGAINST THE HE SAID MUCH OF BASED ON A MISUNDERSTANDING OF THE ISSUE.
PROPOSALS WERE
FORMAL CRITERIA, THROUGH THE COURTS PERMIT THOSE SOLICITORS TO
TO INTRODUCE "THE GOVERNMENT'S PROPOSAL IS WHERE NONE NOW EXIST, TO PERMIT THE REGISTRATION OF FOREIGN LAWYERS AND FOREIGN LAW FIRMS, THEREAFTER TO FIRMS, IF THEY SO WISH TO TAKE IN HONG KONG PRACTISE HONG KONG LAW AND TO IMPOSE A OVER THOSE FIRMS THROUGH THE LAW SOCIETY,
QUALIFIED
FORMAL REGIME OF DISCIPLINE
MR MARTIN SAID.
"IN OTHER WORDS, IT CONSISTS OF THREE ELEMENTS. TO FORMALISE THE ADMISSION OF FOREIGN LAWYERS WHICH OF EXISTING MEASURES.
THE
1S A
FIRST IS TIGHTENING
"THE SECOND ELEMENT IS TO PERMIT THOSE FOREIGN LAWYERS TO IN-HOUSE HONG KONG SOLICITORS.
HIRE
DISCIPLINE FOREIGN
SAID.
IS TO ENABLE THE LAW SOCIETY TO "THE THIRD FIRMS THROUGH CLEARLY LAID DOWN POWERS OF DISCIPLINE,
FACT PASED
"IF YOU BEAR IN MIND THESE ELEMENTS, IT WILL BE SEEN THAT OF THE CRITICISMS OF THE
IN IS PROPOSALS MISUNDERSTANDING OF
IT.
"THERE HAS
BEEN
A
SUGGESTION THAT
THE
PROPOSAL
ON
A
LS
ABOUT
FOREIGN LAWYERS PRACTISING HONG KONG LAW, THAT IS NOT THE PROPOSAL.
"FOREIGN LAWYERS