FRIDAY, JANUARY 31, 1992
THE GOVERNOR IN COUNCIL'S
APPROVAL
IN PRINCIPLE RELATES ΤΟ PROPOSALS CONTAINED IN TWO REPORTS PRODUCED BY THE LAW SOCIETY IN OCTOBER LAST YEAR REGARDING THE REGULATION OF FOREIGN LAWYERS AND FOREIGN LAW FIRMS AND A SCHEME FOR ADMISSION OF NON-HONG KONG QUALIFIED LAWYERS. THESE PROPOSALS WILL BE IMPLEMENTED BY AMENDMENTS
TO THE LEGAL PRACTITIONERS ORDINANCE AND BY SUBSIDIARY LEGISLATION.
UNDER THE PROPOSALS FOR THE REGULATION OF FOREIGN LAWYERS AND FOREIGN LAW FIRMS, FOREIGN LAWYERS AND FOREIGN LAW FIRMS MUST REGISTER WITH THE LAW SOCIETY. THEY CAN ONLY PRACTISE THE LAW OF THEIR HOME JURISDICTION OR THAT OF A THIRD COUNTRY. THEY CANNOT EMPLOY OR JOIN INTO PARTNERSHIP WITH A HONG KONG SOLICITOR то PRACTISE HONG KONG LAW.
ONE OF THE PROPOSALS IS TO ENABLE A REGISTERED FOREIGN FIRM ΤΟ ENTER INTO AN ASSOCIATION WITH A LOCAL FIRM. THE RATIO OF FOREIGN LAWYERS TO LOCAL LAWYERS IN THE ASSOCIATION CANNOT EXCEED 1:1. THE ASSOCIATION WILL BE ABLE TO SHARE FEES, PREMISES, RESOURCES AND PERSONNEL.
FIRM WHICH HAS TO ESTABLISH A WHILE USING ITS
IT IS ALSO PROPOSED THAT A REGISTERED FOREIGN PRACTISED IN HONG KONG FOR THREE YEARS WILL BE ABLE HONG KONG PRACTICE AND PRACTISE HONG KONG LAW, FOREIGN LAW FIRM'S NAME. ALL THE PERSONS WHO ARE TO PRACTISE HONG KONG LAW MUST BE QUALIFIED HONG KONG SOLICITORS.
ON THE SCHEME FOR ADMISSION OF NON-HONG KONG QUALIFIED LAWYERS, THE LEGAL PRACTITIONERS ORDINANCE AT PRESENT RESTRICTS THE ADMISSION OF SOLICITORS TO LOCALLY QUALIFIED RESIDENTS, OR SOLICITORS QUALIFIED IN THE UNITED KINGDOM.
ADMISSION IS ALSO OPEN ON A RESTRICTED BASIS TO PERSONS WHO HAVE BEEN LEGAL OFFICERS IN THE PUBLIC SERVICE AND TO TEACHERS OF THE POSTGRADUATE CERTIFICATE IN LAWS PROGRAMME AT THE UNIVERSITY OF HONG KONG OR CITY POLYTECHNIC.
WITH OBJECTIVE, ORDER
A SCHEME IS PROPOSED TO REPLACE THE EXISTING RESTRICTIONS ON THE ADMISSION OF QUALIFIED FOREIGN LAWYERS, NON-DISCRIMINATORY AND COMPETENCY BASED CRITERIA IN
TO ASSESS THEIR QUALIFICATIONS AND EXPERIENCE FOR ADMISSION AS HONG KONG
SOLICITORS.
THE CONDITIONS FOR ADMISSION WILL BE BASED UPON THE LAWYER'S TRAINING AND EXPERIENCE IN THE COMMON LAW. THE LAW WILL ADMINISTER A TRANSFER TEST TO ENSURE THAT ALL WILL BE COMPETENT TO PRACTISE HONG KONG LAW.
FOREIGN
SOCIETY
FOREIGN
LAWYERS
THE SCHEME WILL APPLY TO ALL FOREIGN LAWYERS, INCLUDING KINGDOM SOLICITORS, WHO ARE PRACTISE HONG KONG LAW.
UNITED
PRESENTLY
AUTOMATICALLY ADMITTED TO
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