XN000022-1988-11-23 — Page 3

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WEDNESDAY, NOVEMBER 23, 1988

AG: PROPOSAL FORMALISES CONTROLS OVER FOREIGN LAWYERS

J

TO

ARE

THE GOVERNMENT'S PROPOSAL ON FOREIGN LAW FIRMS IS DESIGNED ENSURE THAT ONLY FIRMS OF SUBSTANTIAL REPUTATION AND INTEGRITY LICENSED TO PRACTISE IN HONG KONG, THE ATTORNEY GENERAL, THE HON JEREMY MATHEWS, TOLD THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).

IT WAS ALSO THE GOVERNMENT'S AIM THAT ANY HONG KONG QUALIFIED SOLICITOR WHO PRACTISED HONG KONG LAW AS A PARTNER OR EMPLOYEE OF A FOREIGN LAW FIRM WAS HIMSELF, OR WAS CLOSELY SUPERVISED BY, A HONG KONG SOLICITOR OF SUBSTANTIAL EXPERIENCE AND STANDING.

FROM

THE HON SO CHAU

YIN-PING,

MR

THAT

REPLYING TO A QUESTION MATHEWS SAID HE BELIEVED IT WAS THE CONSEQUENCES OF THE PROPOSAL MOST CONCERNED THE LAW SOCIETY.

HE SAID THE GOVERNMENT IMPLEMENTATION WOULD NEED TO BE

SOCIETY.

HAD MADE IT CLEAR THAT DETAILS OF WORKED OUT TOGETHER WITH THE LAW

"THIS EXERCISF WILL TAKE TIME, BUT I AM CONFIDENT THAT, WHEN THE EXERCISE IS COMPLETED, THE WORRIES EXPRESSED BY THE LAW SOCIETY WILL HAVE BEEN REMOVED, HE SAID.

I

HE SAID THE ISSUES TO BE ADDRESSED INCLUDED:

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THE CRITERIA TO BE SATISFIED BEFORE A FOREIGN LAW FIRM IS GIVEN A LICENSE TO PRACTISH IN HONG KONG;

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WHAT EVIDENCE A FOREIGN LAW FIRM SHOULD BE REQUIRED то PRODUCE IN SUPPORT OF ITS APPLICATION FOR A LICENCE;

CONDITIONS TO BE IMPOSED UPON THE GRANTING OF A LICENCE;

WHAT RECORDS SHOULD BE KEPT BY FOREIGN LAW FIRMS OF ADVICE GIVEN OR WORK DONE BY THEIR HONG KONG SOLICITORS ON HONG KONG LAW;

*

TO WHOM THESE RECORDS SHOULD BE MADE AVAILABLE;

*

POWERS TO IMPOSE SANCTIONS;

COMPULSORY INSURANCE, AND, MOST IMPORTANTLY, THE RAT LOS LOCAL PARTNERS TO FOREIGN PARTNERS AND OF LOCAL PARTNERS LOCAL SOLICITORS EMPLOYED.

OF

TO

MR MATHEWS SAID THAT FAR FROM RELAXING RESTRICTIONS ON PRACTICE OF LAW BY FOREIGN LAWYERS THE PROPOSAL WOULD IN "FORMALISE AND TIGHTEN CONTROL OVER THEM"

THE

FACT

HE SAID THAT FOR THE FIRST TIME A STATUTORY SYSTEM OF ADMISSION WITH CLEARLY DEFINED CRITERIA WAS BEING PROPOSED.

/MOREOVER, THE