XN000022-1988-11-09 — Page 31

WEDNESDAY, NOVEMBER 9, 1988

29

PROPOSALS ON FOREIGN LAW FIRMS AIMED AT IMPROVEMENTS

*

THE GOVERNMENT'S PROPOSALS ON FOREIGN LAW FIRMS

THE IMPROVEMENTS TO

BRINGING ABOUT QUALITATIVE DEPUTY SOLICITOR GENERAL,

(WEDNESDAY).

MR

ERIC

MARTIN,

ARE AIMED AT

LEGAL SYSTEM, THE EVENING SAID THIS

MARTIN SAID THE CHANGE FROM THE

SPEAKING AT A FORUM ORGANISED BY THE HONG KONG UNIVERSITY LAW

MR FIRMS, ASSOCIATION ON THE ISSUE OF FOREIGN LAW

A NEED FOR GOVERNMENT HAD BEEN ASKED WHY IT FELT PRESENT ARRANGEMENTS.

IN OTHER WORDS, SAID MR MARTIN: "THE IS THAT IF IT AIN'T BROKE WHY FIX IT?'

ARGUMENT AGAINST CHANGE

"FAR FROM SUGGESTING THAT ANYTHING IS BROKEN, WE ARE TO MAKE WHAT IS GOOD EVEN BETTER.

PROPOSING

WERE OFTEN MR MARTIN, WHO OPENED THE DEBATE, SAID GOVERNMENTS

HEADS

THE BURIED IN

SAND: "BUT ON THIS ACCUSED OF HAVING THEIR

THE SAND AND OCCASION AT LEAST WE HAVE FIRMLY PLUCKED OUR HEAD FROM

WORLD HAVE CLEARLY IN SIGHT THE FURTHER ELEVATION OF HONG KONG ON THE STAGE."

THE CRITICISMS AGAINST THE HE SAID MUCH OF BASED ON A MISUNDERSTANDING OF THE ISSUE.

PROPOSALS WERE

FORMAL CRITERIA, THROUGH THE COURTS PERMIT THOSE SOLICITORS TO

TO INTRODUCE "THE GOVERNMENT'S PROPOSAL IS WHERE NONE NOW EXIST, TO PERMIT THE REGISTRATION OF FOREIGN LAWYERS AND FOREIGN LAW FIRMS, THEREAFTER TO FIRMS, IF THEY SO WISH TO TAKE IN HONG KONG PRACTISE HONG KONG LAW AND TO IMPOSE A OVER THOSE FIRMS THROUGH THE LAW SOCIETY,

QUALIFIED

FORMAL REGIME OF DISCIPLINE

MR MARTIN SAID.

"IN OTHER WORDS, IT CONSISTS OF THREE ELEMENTS. TO FORMALISE THE ADMISSION OF FOREIGN LAWYERS WHICH OF EXISTING MEASURES.

THE

1S A

FIRST IS TIGHTENING

"THE SECOND ELEMENT IS TO PERMIT THOSE FOREIGN LAWYERS TO IN-HOUSE HONG KONG SOLICITORS.

HIRE

DISCIPLINE FOREIGN

SAID.

IS TO ENABLE THE LAW SOCIETY TO "THE THIRD FIRMS THROUGH CLEARLY LAID DOWN POWERS OF DISCIPLINE,

FACT PASED

"IF YOU BEAR IN MIND THESE ELEMENTS, IT WILL BE SEEN THAT OF THE CRITICISMS OF THE

IN IS PROPOSALS MISUNDERSTANDING OF

IT.

"THERE HAS

BEEN

A

SUGGESTION THAT

THE

PROPOSAL

ON

A

LS

ABOUT

FOREIGN LAWYERS PRACTISING HONG KONG LAW, THAT IS NOT THE PROPOSAL.

"FOREIGN LAWYERS