XN000022-1989-05-16 — Page 4

بنا

3

TUESDAY, MAY 16, 1989

"FINALLY WHEN SUGGESTING THE POLICING POWERS OF THE LAW SOCIETY, WE HAVE TRIED TO BALANCE WHAT IS NECESSARY WITH WHAT IS REASONABLE. ONE PRINCIPLE WE HAVE HAD IN THE FOREFRONT OF OUR MINDS 18 THAT WE ARE DEALING WITH PROFESSIONAL MEN AND WOMEN FOR WHOM THE CONSEQUENCES OF STEPPING OUT OF LINE WOULD BE SEVERE.

BELIEF

"THESE SPECIFIC POLICING RULES ARE PREDICATED THAT PROFESSIONAL PEOPLE WILL CONDUCT

ON THE THEMSELVES

PROFESSIONALLY.

"WE NO MORE EXPECT THE LAW SOCIETY TO BE PEERING OVER THE SHOULDERS OF FOREIGN LAWYERS, OR HONG KONG SOLICITORS EMPLOYED IN, OR TAKEN IN AS PARTNERS BY, FOREIGN LAW FIRMS, THAN THEY DO IN CASE OF HONG KONG SOLICITORS IN LOCAL SOLICITORS FIRMS."

THE

HAD

BY

NR MATHEWS SAID HE WAS AWARE OF CONCERNS THAT THE PROPOSAL IMPLICATIONS FOR OTHER PROFESSIONS AND THAT IT FORESHADOWED A WISH GOVERNMENT TO INTERFERE WITH THE INDEPENDENCE OF PROFESSIONAL BODIES TO CONTROL THEIR PROFESSION,

HE GAVE AN ASSURANCE

THAT THIS WAS NOT SO AND THAT "THE PROPOSAL CARRIED NO IMPLICATIONS FOR OTHER PROFESSIONS.

"IT ADDRESSES A PARTICULAR SITUATION PECULIAR ΤΟ THE SOLICITOR'S PROFESSION AND FOREIGN LAWYERS.

CLI

TURNING TO THE SPECIFIC PROPOSALS IN THE CONSULTATIVE DOCUMENT, MR MATHEWS SAID THERE ARE A NUMBER OF AMENDMENT PROPOSED TO THE LEGAL PRACTITIONERS ORDINANCE AND THEY INCLUDED THE FOLLOWING:

{1}

(2)

THE ORDINANCE WLLL BE AMENDED TO PROVIDE THAT FOREIGN LAWYERS WILL NOT BE ENTITLED TO ADVISE ON ANY ASPECT OF HONG KONG LAW. THUS THE PRESENT ADMINISTRATIVE PROHIBITION WILL BECOME A CLEAR, STATUTORY PROHIBITION, WITH SEVERE PENALTIES FOR ITS BREACH;

NO FOREIGN LAWYER WILL BE PERMITTED TO PRACTISE IN HONG KONG AS A FOREIGN LAWYER UNLESS ADMITTED BY THE COURT WHICH MUST BE SATISFIED THAT, AMONG OTHER CRITERIA, HE HAS AT LEAST FIVE YEARS' EXPERIENCE. BUT THIS "FIVE-YEAR" RULE WILL NOT APPLY TO A HONG KONG PERMANENT RESIDENT.

IN OTHER WORDS, A YOUNG HONG KONG PERSON WHO QUALIFIES AS A LAWYER IN, SAY, CANADA CAN RETURN HERE AND BE ADMITTED TO PRACTISE AS A FOREIGN LAWYER WITHOUT HAVING TO PRACTISE IN CANADA FOR FIVE YEARS.

(3)

NO FOREIGN LAW FIRM WILL BE PERMITTED то PRACTISE HONG KONG AS A FOREIGN LAW FIRM UNLESS PERMITTED BY THE COURT WHICH MUST BE SATISFIED, AMONG OTHER

THAT THAT FIRM HAS BEEN PRACTISING LAW IN A PLACE OTHER THAN HONG KONG FOR AT LEAST 10 YEARS AND SUBSTATIAL REPUTATION IN THAT PLACE.

IN

THINGS,

THAT

IT ENJOYS

(4) ALL FOREIGN