XN000022-1979-12-12 — Page 4

WEDNESDAY, DECEMBER 12. 1979

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HE NOTED THAT DETAILED PROVISION IS MADE TO ENSURE THAT NO INJUSTICE RESULTS THE ATTORNEY GENERAL'S APPROVAL IS REQUIRED: NOTICE MUST BE GIVEN CLAIMS HAVE TO BE DETERMINED BY A MAGISTRATE AND IF THE MAGISTRATE ORDERS A SHIP TO BE FORFEITED, THE OWNER CAN APPEAL TO THE GOVERNOR.

+CIRCUMSTANCES HAVE NOT YET SO ALTERED THAT WE CAN FORGO THESE DEFENCES, HE SAID.

MR. NAZARETH ALSO MOVED ANOTHER MOTION TO RETAIN THE PROVISIONS ADDED TO THE IMMIGRATION ORDINANCE ON JANUARY 10, 1979 WHICH PROVIDE THAT THE RESTRICTION IMPOSED ON IMMIGRATION OFFICERS TO REMOVE A PERSON FROM HONG KONG SHOULD NOT APPLY TO REFUGEES FROM VIETNAM.

THE RESTRICTION STIPULATES THAT A PERSON WHO IS REFUSED PERMISSION TO LAND IN HONG KONG MAY NOT BE REMOVED FROM HONG KONG BY IMMIGRATION OFFICERS AFTER THE EXPIRY OF TWO MONTHS BEGINNING WITH THE DATE ON WHICH HE WAS REFUSED SUCH PERMISSION.

ADVISORY COMMITTEE ON LEGAL EDUCATION GIVEN MORE TIME TO MAKE SECOND REPORT *****

THE NEWLY CONSTITUTED ADVISORY COMMITTEE ON LEGAL EDUCATION HAS EXAMINED THE ISSUES INVOLVED IN RESTRICTING THE ROLL OF LAW STUDENTS AND HAS PRESENTED ITS FIRST REPORT TO THE EXECUTIVE COUNCIL, THE ACTING ATTORNEY GENERAL, THE HON, GERALD NAZARETH TOLD THE LEGISLATIVE COUNCIL TODAY.

MR. NAZARETH WAS SPEAKING ON A MOTION SEEKING TO EXTEND THE EXPIRY DATE OF SECTION 26AA OF THE LEGAL PRACTITIONERS ORDINANCE TO DECEMBER 31, 1980.

THE SECTION WAS INTRODUCED IN MARCH THIS YEAR TO RESTRICT ELIGIBILITY FOR ADMISSION TO THE ROLL OF STUDENTS MAINTAINED BY THE LAW SOCIETY OF HONG KONG,

DURING LENGTHY DISCUSSIONS WITH THE THEN ATTORNEY GENERAL SOME UNOFFICIAL MEMBERS FELT THAT THOUGHT SHOULD BE GIVEN TO HOW NON-GRADUATES COULD TAKE COURSES OF STUDY IN HONG KONG TO BECOME SOLICITORS AND THE GOVERNMENT ACCEPTED THAT SUCH AN INVESTIGATION SHOULD BE CARRIED OUT.

IN THOSE CIRCUMSTANCES, IT WAS INAPPROPRIATE FOR THE RESTRICTION TO BE MADE PART OF THE PERMANENT LAW AND THE SECTION WAS MADE TO EXPIRE BY THE END OF THIS YEAR UNLESS EXTENDED BY THE COUNCIL.

THE ADVISORY COMMITTEE ON LEGAL EDUCATION HAD NOW RECOMMENDED THAT THERE SHOULD BE THREE POSSIBLE WAYS OF QUALIFYING FOR ADMISSION AS A SOLICITOR, MR. NAZARETH SAID. FIRST, THROUGH THE SCHOOL OF LAW AT THE UNIVERSITY OF HONG KONG. SECONDLY, THROUGH A SEPARATE COURSE OF LEGAL EDUCATION FOR NON-LAW GRADUATES AND MATURE STUDENTS AND THIRDLY, THROUGH A COURSE FOR EMPLOYED TRAINEES.+

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