7.
Recent developments in respect of the regulation of foreign lawyers in Hong Kong are discussed and the paper asks whether the time has come to allow solicitors to enter into partnerships with foreign. lawyers.
Admission as a barrister
The paper describes the obligations that Hong Kong is under by virtue of the General Agreement on Trade in Services, and states that the present criteria for admission as a barrister need to be amended so as to be objective, reasonable, non- discriminatory and standards-based.
Advertising
The Administration considers that there should be a general relaxation of the rules restricting advertising. The only restriction on advertising and promotion by lawyers should be that it must not be false, misleading or deceptive.
The Bar Association should actively encourage the dissemination of information about the services offered and fees charged by barristers.
Miscellaneous
Other important recommendations are that -
* a statutory fidelity fund, financed by a levy on solicitors, should be established to protect consumers from the dishonesty of solicitors or their employees;
* solicitors should be required to pay interest to clients, where it is reasonable to do so, in respect of clients' money held by them; and
* barristers should be required to take out adequate indemnity insurance in respect of their liability for negligence.
End/Wednesday, March 29, 1995
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