XN000022-1987-06-29 — Page 4

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MONDAY, JUNE 29, 1987

THIS THEY DO BY UNDERTAKING THAT THEY WILL NOT DO THE KIND OF WORK RESERVED BY LAW FOR BARRISTERS AND SOLICITORS WITH HONG KONG QUALIFICATIONS, THAT THEY WILL NOT EMPLOY OR SHARE THEIR FEES WITH LOCALLY QUALIFIED LAWYERS, AND THAT THEY WILL OBSERVE THE STANDARDS OF PROFESSIONAL CONDUCT THAT ARE ACCEPTED BY HONG KONG LAWYERS.

SAID MR THOMAS: "ON THE WHOLE, THESE ARRANGEMENTS HAVE WORKED WELL AND HAVE ENABLED MANY OVERSEAS LAWYERS TO CONTRIBUTE NOTABLY то HONG KONG'S COMMERCIAL SUCCESS.

"BUT THERE HAVE BEEN CRITICISMS. BECAUSE THE PRECISE TERMS OF THE UNDERTAKINGS REQUIRED BY THE LAW SOCIETY HAVE ALTERED FROM TIME TO TIME, SOME OVERSEAS LAWYERS FEEL AGGRIEVED THAT OTHERS ENJOY LESS RESTRICTED OPPORTUNITIES. THIS IS NOT A FAIR CRITICISM.

"THE LAW SOCIETY'S POLICY INEVITABLY EVOLVES AS LOCAL NEEDS CHANGE, AND AS FRESH POINTS ARISE EACH TIME THERE ARE NEGOTIATIONS. AND DIFFERENT OVERSEAS LAWYERS HAVE DIFFERING WORK OBJECTIVES."

HE ALSO POINTED OUT THAT THE OVERSEAS LAWYERS WOULD ALSO LIKE TO BE ABLE TO OFFER CAREER OPPORTUNITIES TO YOUNG LOCAL LAWYERS, то FORGE LONG TERM LINKS WITH THE TERRITORY. "BUT THIS THE LAW SOCIETY IS AGAINST BECAUSE IT DOES NOT SEEM TO THEM RIGHT THAT RESPONSIBILITY TO THE PUBLIC FOR ADVICE ON HONG KONG LAW SHOULD BE UNDERTAKEN BY A PARTNERSHIP OF FOREIGN LAWYERS WHO HAVE NO QUALIFICATIONS IN HONG KONG LAW.

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'SOME WOULD SAY IT IS ALSO LESS THAN SATISFACTORY THAT THESE IMPORTANT MATTERS ARE NOT REGULATED BY LAW, AND ARE INSTEAD LEFT TO ADMINISTRATIVE ACTION AND NEGOTIATIONS BETWEEN INCOMING OVERSEAS LAWYERS AND THEIR NATURAL COMPETITORS IN THE LOCAL MARKET.

"THERE IS ALSO A QUESTION ABOUT THE STATUS OF NOTARIES FROM CHINA AND ELSEWHERE TO PERFORM NOTARIAL ACTS IN HONG KONG THAT NEEDS TO BE RESOLVED, MR THOMAS SAID.

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HE SAID THERE WAS NO REASON WHY HONG KONG SHOULD NOT CONTINUE AS IT WAS, FOLLOWING "A PRAGMATIC CASE BY CASE APPROACH" WITH EACH NEW FIRM OF FOREIGN LAWYERS BEING GIVEN RIGHTS OF PRACTICE ON MUTUALLY AGREED TERMS OF UNDERTAKING.

BUT SOME WILL SAY THAT HONG KONG, LIKE OTHER JURISDICTIONS, SHOULD NOW BE LOOKING TOWARDS A SIMILAR STATUTORY APPROACH, HE SAID.

'AFTER ALL, THE JOINT DECLARATION SPECIFICALLY REFERS ΤΟ PROVISION IN THE HONG KONG SPECIAL ADMINISTRATIVE REGION FOR LAWYERS FROM OUTSIDE TO WORK AND PRACTISE HERE AFTER 1997 ON THE BASIS OF THE SYSTEM PREVIOUSLY OPERATING IN HONG KONG.

/ALSO THE