3
TUESDAY, MAY 2, 1989
窜
A HONG KONG SOLICITOR EMPLOYED IN A FOREIGN LAW FIRM SHOULD BE RESPONSIBLE ONLY TO A HONG KONG SOLICITOR PARTNER OF THAT FIRM FOR ANY ADVICE GIVEN BY HIM ON HONG KONG LAW. FAILURE TO COMPLY WITH THIS RULE MIGHT LEAD TO DISCIPLINARY PROCEEDINGS. (PARA 5.26)
A REGISTER OF ADVICE ON HONG KONG LAW SHOULD BE KEPT BY EVERY FOREIGN LAW FIRM TAKING IN A SOLICITOR AS A PARTNER OR EMPLOYEE TO PRACTISE HONG KONG LAW. (PARA 5.22)
THE COUNCIL OF THE LAW SOCIETY MAY REQUIRE ANY FOREIGN LAWYER TO PRODUCE ANY FILES OR DOCUMENTS FOR INSPECTION IF THEY HAVE REASONABLE CAUSE TO BELIEVE THE FILES OR DOCUMENTS CONTAIN ADVICE PROVIDED IN CONNECTION WITH HONG KONG LAW. (PARA 5.34)
MR MATHEWS SAID HE BELIEVED THAT THE SCHEME OF CONTROL OVER ADMISSION AND PRACTICE WOULD ALLAY THE CONCERNS EXPRESSED EARLIER ABOUT THE GOVERNMENT'S BROAD POLICY PROPOSAL ON FOREIGN LAW FIRMS AND FOREIGN LAWYERS.
ON AUGUST 8, 1988 THE GOVERNMENT PROPOSED THE FOLLOWING:
(A) IN CONSULTATION
(B)
(C)
WITH THE LAW SOCIETY, ΤΟ DEVISE A STATUTORY SCHEME LAYING DOWN FORMAL CRITERIA FOR THE ADMISSION, THROUGH THE CHIEF JUSTICE, OF FOREIGN LAW FIRMS:
IN CONSULTATION WITH THE LAW SOCIETY, TO DEVISE A SCHEME, WITH CLEARLY LAID DOWN POWERS, TO ENABLE TO LAW SOCIETY TO EXERCISE POWERS OF DISCIPLINE OVER FOREIGN LAW FIRMS SIMILAR TO THE POWERS IT PRESENTLY EXERCISES OVER HONG KONG SOLICITORS;
IN, AS PARTNERS OR
TO ENABLE FOREIGN LAW FIRMS TO TAKE EMPLOYEES, HONG KONG SOLICITORS WHO MAY PRACTISE HONG KONG LAW.
THE ATTORNEY GENERAL SAID THE PURPOSE OF THE CONSULTATION WAS TO SEEK THE VIEWS OF INTERESTED PARTIES ON THE DETAILED IMPLEMENTATION OF THE POLICY PROPOSAL.
THE GOVERNMENT HAS ALLOWED THREE MONTHS FOR CONSULTATION AND COMMENTS SHOULD BE SUBMITTED BY JULY 31, 1989 TO ROOM 435, ATTORNEY GENERAL'S CHAMBERS, QUEENSWAY GOVERNMENT OFFICES, 66 QUEENSWAY, HONG KONG.
/4