XN000022-1976-05-21 — Page 6

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FRIDAY,

FRIDAY, MAY 21, 1976

CHANGES TO LEGAL PRACTITIONERS ORDINANCE

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NON-BRITISH SUBJECTS WILL IN FUTURE QUALIFY FOR ADMISSION AS SOLICITORS IN HONG KONG IF THEY HAVE LIVED HERE FOR AT LEAST SEVEN YEARS.

THIS IS ONE OF A NUMBER OF PROPOSED AMENDMENTS TO THE LEGAL PRACTITIONERS ORDINANCE PUBLISHED TODAY IN THE LEGAL PRACTITIONERS (AMENDMENT) BILL 1976 AND FOLLOWS RECENT SIMILAR DEVELOPMENTS IN ENGLAND.

ALSO AS FROM JULY 1, 1976 NEWLY QUALIFIED SOLICITORS AND SOLICITORS QUALIFIED IN BRITAIN WILL HAVE TO SPEND A PERIOD OF UP TO TWO YEARS AS ASSISTANT SOLICITORS BEFORE THEY WILL BE ABLE TO PRACTISE ON THEIR OWN OR IN PARTNERSHIP.

THIS MEASURE IS TO ALLOW THEM TO BECOME FAMILIAR WITH THE LOCAL SITUATION BECAUSE, ALTHOUGH MANY HONG KONG LAWS FOLLOW THOSE OF BRITAIN, THERE ARE MANY IMPORTANT DIFFERENCES BOTH IN LAW AND IN THE MANNER IN WHICH BUSINESS AND LEGAL PRACTICE IS CARRIED OUT IN HONG KONG. HOWEVER, IN THE CASE OF A SOLICITOR WHO HAS ACQUIRED SUBSTANTIAL EXPERIENCE IN THE LAW OVER A CONSIDERABLE PERIOD OF TIME, THIS RESTRICTION CAN BE WAIVED.

ANOTHER PROPOSAL IS TO AUTHORISE THE LAW SOCIETY TO ISSUE ANNUAL PRACTISING CERTIFICATES TO SOLICITORS AND COLLECT THE FEE FOR SUCH CERTIFICATES. AT PRESENT CERTIFICATES ARE ISSUED BY THE REGISTRAR OF THE SUPREME COURT AND THE CHANGE WILL MEAN A SAVING OF WORK AND TIME.

THE TRANSFER OF POWERS, FROM THE CHIEF JUSTICE TO THE COMMITTEE OF THE LAW SOCIETY, TO MAKE RULES RELATING TO THE ISSUE OF PRACTISING CERTIFICATES TO SOLICITORS IS ALSO EFFECTED BY TWO CLAUSES IN THE BILL.

SEVERAL AMENDMENTS IN THE BILL RELATE TO BARRISTERS AND REVISE THE LAW CONCERNING QUALIFICATIONS FOR ADMISSION AND PRACTICE.

ADMISSION OF A BARRISTER IN FUTURE WILL DEPEND ON ACADEMIC AND RESIDENTIAL QUALIFICATIONS, IN ORDER TO PRACTISE A BARRISTER WILL HAVE TO COMPLETE A QUALIFYING PERIOD OF FURTHER TRAINING, BUT AFTER THE FIRST SIX MONTHS, HE WILL BE ALLOWED TO PRACTISE TO SUCH LIMITED EXTENT AS THE BAR COMMITTEE MAY DECIDE.

OTHER AMENDMENTS DEAL WITH ADDITIONAL MATTERS WHICH MAY BE INCLUDED IN RULES MADE BY THE CHIEF JUSTICE IN RELATION TO PERSONS SEEKING TO BECOME BARRISTERS.

ADMISSION OF SOLICITORS AND BARRISTERS ARE AT PRESENT CONDUCTED IN OPEN COURT, BUT BECAUSE THESE ARE PURELY DOMESTIC AFFAIRS, THE BILL PROPOSES THAT ADMISSIONS MAY BE HELD IN CHAMBERS.

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