XN000022-1982-07-14 — Page 11

WEDNESDAY, JULY 14, 1982

9

STEP TO CLARIFY QUALIFICATION OF ARTICLED CLERKS

****

A BILL WHICH WILL ALSO REDEFINE THE EXPRESSION ARTICLES+, IN THE PRINCIPAL ORDINANCE, TO MAKE IT CLEAR THAT IT IS NOT NECESSARY FOR AN ARTICLED CLERK TO BE APPRENTICED TO A SOLICITOR ADMITTED AS SUCH IN HONG KONG, WAS INTRODUCED AND READ A SECOND TIME AT THE LEGISLATIVE COUNCIL MEETING TODAY.

SPEAKING ON THE LEGAL PRACTITIONERS (AMENDMENT) BILL 1982, THE ACTING LAW DRAFTSMAN, THE HON J.J. O'GRADY EXPLAINED THAT UNDER SECTION 4 OF THE LEGAL PRACTITIONERS ORDINANCE, A PERSON CAN BECOME QUALIFIED FOR ADMISSION AS A SOLICITOR BY SERVING UNDER ARTICLES OF CLERKSHIP IN HONG KONG WITH A PRACTISING SOLICITOR.

SERVICE UNDER ARTICLES IN HONG KONG IS GOVERNED BY THE ARTICLED CLERKS RULES MADE BY THE COUNCIL OF THE LAW SOCIETY UNDER THE PRINCIPAL ORDINANCE.

RULE 6(3) OF THE RULES SAYS THAT A PERSON WISHING TO BECOME A SOLICITOR MAY SERVE UNDER ARTICLES WITH A PERSON EMPLOYED IN THE LEGAL DEPARTMENT, THE REGISTRAR GENERAL'S DEPARTMENT OR THE LEGAL AID DEPARTMENT, IF THAT PERSON IS A SOLICITOR OR IS A PERSON QUALIFIED FOR ADMISSION AS A SOLICITOR IN HONG KONG.

THE OBJECT OF THE RULE, MR O'GRADY SAID, IS CLEARLY TO ENABLE ARTICLED CLERKS TO SERVE THEIR APPRENTICESHIPS WITH LAWYERS EMPLOYED IN THE RELEVANT GOVERNMENT DEPARTMENTS WHO, THOUGH THEY ARE NOT ACTUALLY ADMITTED AS SOLICITORS IN HONG KONG, HAVE ALL THE NECESSARY QUALIFICATIONS FOR ADMISSION.

+HOWEVER, THE QUESTION HAS RECENTLY BEEN RAISED WHETHER THE RULE IS VALID, PRINCIPALLY ON THE GROUND THAT, WHILE THE COUNCIL OF THE LAW SOCIETY IS EMPOWERED TO REGULATE ARTICLED CLERKS, BOTH AS RESPECTS ARTICLES AND EXAMINATIONS, THE ORDINANCE WOULD APPEAR TO REQUIRE THAT ARTICLES MUST ALWAYS BE SERVED WITH A PRACTISING SOLICITOR, AND NOT MERELY WITH SOMEONE WHO IS A PERSON QUALIFIED FOR ADMISSION AS A SOLICITOR.

*THIS VIEW OF THE LAW, IF IT IS CORRECT, CLEARLY HOLDS THE GRAVEST IMPLICATIONS FOR THOSE IMMEDIATELY AFFECTED, MR O'GRADY SAID.

FOR THAT REASON IT IS PROPOSED IN THE BILL TO REMOVE ANY QUESTION OF DOUBT AS TO THE VALIDITY OF THE PRESENT ARRANGEMENTS AND TO ENSURE THAT THOSE WHOSE QUALIFICATIONS MIGHT OTHERWISE BE IN DOUBT WILL HAVE NOTHING TO FEAR.

DEBATE ON THE BILL WAS ADJOURNED.

O

/10