XN000022-1989-05-16 — Page 3

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TUESDAY, MAY 16, 1989

(B)

(C)

THAT THE ADMINISTRATION SHOULD, IN CONSULTATION WITH THE LAW SOCIETY, DEVISE A SCHEME, WITH CLEARLY LAID DOWN POWERS, TO ENABLE THE LAW SOCIETY TO EXERCISE POWERS OF DISCIPLINE OVER FOREIGN LAW FIRMS SIMILAR TO THE POWERS THEY PRESENTLY EXERCISE OVER HONG KONG SOLICITORS; AND

IN,

THAT FOREIGN LAW FIRMS SHOULD BE PERMITTED TO TAKE AS PARTNERS OR EMPLOYEES, HONG KONG SOLICITORS WHO MAY PRACTISE LONG KONG LAW.

THE ATTORNEY GENERAL SAID: "THIS PROPOSAL WAS ANNOUNCED IN AUGUST LAST YEAR. BUT IT WAS A BROAD PROPOSAL AND OBVIOUSLY NEEDED ΤΟ BE FLESHED OUT SO THAT ITS EFFECT COULD BE CLEARLY SEEN."

THEREFORE OF MAY

ני

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THE GOVERNMENT ISSUED A CONSULTATIVE DOCUMENT WHICH SETS OUT THE DETAILS OF HOW THE POLICY PROPOSAL COULD BE IMPLEMENTED.

HE SAID THAT SINCE THE PROPOSAL WAS ANNOUNCED IN AUGUST LAST YEAR, THE COUNCIL OF THE LAW SOCIETY HAD EXPRESSED A NUMBER OF CONCERNS ABOUT THE PARTICULAR ASPECT OF THE PROPOSAL WHICH WOULD PERMIT FOREIGN LAW FIRMS TO EMPLOY, OR TO TAKE INTO PARTNERSHIP, HONG KONG SOLICITORS.

"IN THIS CONSULTATIVE DOCUMENT I BELIEVE THAT THE EXPRESSED CONCERNS OF THE LAW SOCIETY HAVE BEEN MET, AND THAT WHEN THE PROPOSAL IS CONSIDERED IN THE LIGHT OF THE DETAILS SET OUT IN THE DOCUMENT, IT WOULD BE SEEN THAT IT IS A SENSIBLE ENHANCEMENT OF THE LEGAL SERVICES AVAILABLE IN HONG KONG,'

CONSULTATIVE AND LOGICAL

HE SAID.

IN DEVISING THE SCHEME OF CONTROL FOR FOREIGN LAW FIRMS AND FOREIGN LAWYERS, THE GOVERNMENT HAD A NUMBER OF POINTS IN MIND.

THE ATTORNEY GENERAL SAID: "FIRSTLY, WE WISHED ΤΟ ESTABLISH QUALITATIVE CONTROLS ΤΟ ENSURE THAT ONLY FOREIGN LAW FIRMS OF SUBSTANTIAL INTEGRITY AND REPUTATION AND WITH SOMETHING TO OFFER HONG KONG WILL BE ABLE TO SET UP HERE.

"AS

WITH APPLICANTS FOR ADMISSION AS SOLICITORS WE WISH TO BE SURE THAT APPLICANTS FOR ADMISSION AS FOREIGN LAWYERS IN HONG KONG ARE FIT AND PROPER PERONS.

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"SECONDLY, THOSE FOREIGN LAWYERS WISHING TO THEMSELVES OF THE OPPORTUNITY TO COME TO HONG KONG TO WORK MUST DO ON HONG KONG'S TERMS. THAT IS THEY MUST COMPLY WITH THE RULES OF ETHICS, PRACTICE AND DISCIPLINE OF THE SOLICITOR'S PROFESSION.

"THIRDLY, WE HAVE BEEN AT PAINS TO ENSURE THAT FOREIGN LAWYERS DO NOT ADVISE ON HONG KONG LAW AND, TO STATE THE OBVERSE, ONLY HONG KONG SOLICITORS IN A FOREIGN LAW FIRM WILL BE ABLE TO ADVISE ON HONG KONG LAW.

"FINALLY WHEN

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