XN000022-1990-05-02 — Page 29

WEDNESDAY, MAY 2, 1990

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GOVT CONSIDERING WAY FORWARD ON FOREIGN LAW FIRMS

AS AN

AS HONG KONG CONTINUES TO DEVELOP AND THRIVE INTERNATIONAL FINANCIAL AND BUSINESS CENTRE, THE GOVERNMENT SEES A NEED FOR THE PROVISION OF LEGAL ADVICE ON A MULTI-JURISDICTIONAL BASIS, THE ATTORNEY GENERAL, THE HON JEREMY MATHEWS, INFORMED THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).

IN A WRITTEN REPLY то A QUESTION BY THE HON PAUL CHENG, MR MATHEWS SAID THE POLICY OBJECTIVES BEHIND THE GOVERNMENT'S PROPOSALS ON FOREIGN LAW FIRMS WERE FIRSTLY, TO PROVIDE A SCHEME OF REGULATION OF FOREIGN LAWYERS PRACTISING FOREIGN LAW IN HONG KONG; AND SECONDLY, TO PROVIDE AN EFFICIENT AND RATIONAL MEANS BY WHICH PEOPLE WISHING TO UNDERTAKE INTERNATIONAL BUSINESS TRANSACTIONS INVOLVING HONG KONG LAW COULD OBTAIN THE LEGAL ADVICE THEY NEEDED TO FACILITATE THOSE TRANSACTIONS.

HE POINTED OUT THAT THE GOVERNMENT'S PROPOSALS WERE NOT AIMED AT STEMMING ANY POSSIBLE "BRAIN DRAIN".

HE SAID THAT THERE HAD BEEN A WIDE RESPONSE TO THE CONSULTATIVE DOCUMENT ON THE SUBJECT ISSUED EARLY LAST YEAR.

"THE VIEWS SUBMITTED, MANY FROM NON-LAWYERS, HAVE BEEN, AND CONTINUE TO BE, SUBJECTED TO CLOSE ANALYSIS," HE SAID.

MR MATHEWS SAID DURING THE COURSE OF THE CONSULTATIVE PROCESS THE LAW SOCIETY OF HONG KONG PUT FORWARD A COUNTER PROPOSAL FOR CONSIDERATION.

THAT COUNTER PROPOSAL HAD THREE MAIN ELEMENTS :

*

FOREIGN FIRMS WITH OFFICES IN HONG KONG WOULD BE ABLE TO SHARE FEES WITH LOCAL FIRMS IN RESPECT OF MATTERS REQUIRING THE JOINT SERVICES OF A FOREIGN FIRM AND A LOCAL FIRM;

THE REMOVAL OF THE PRESENT REQUIREMENT THAT ONLY A PERSON WHO WAS A COMMONWEALTH CITIZEN OR WHO HAD BEEN RESIDENT IN HONG KONG FOR AT LEAST SEVEN YEARS MIGHT BE ADMITTED AS A HONG KONG SOLICITOR; AND

CONSIDERATION COULD BE GIVEN ΤΟ ACCREDITATION SYSTEM ALLOWING THE QUALIFICATIONS OF A FOREIGN LAWYER TO BE TAKEN INTO ACCOUNT.

INTRODUCING

AN

HE SAID THE GOVERNMENT WAS EXAMINING WHETHER THE LAW SOCIETY'S COUNTER PROPOSAL COULD MEET THE POLICY OBJECTIVES.

BOTH

"THE GOVERNMENT IS PRESENTLY CONSIDERING THE WAY FORWARD, IN THE LIGHT OF THE RESPONSE TO THE CONSULTATIVE DOCUMENT, AND ALSO IN THE LIGHT OF THE LAW SOCIETY'S COUNTER PROPOSAL, MR MATHEWS SAID.

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/HE SAID