XN000022-1995-07-19 — Page 48

Law Society's powers of intervention

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Another amendment agreed with members of the Bills Committee relates to the Law Society's powers to intervene in the practice of a solicitor or foreign lawyer in order to protect his or her clients. The Bill proposes to broaden those powers to bring them into line with similar powers in England.

One of the situations in which the powers are to be exercisable is where the Council of the Law Society has "reason to suspect dishonesty" on the part of a solicitor or foreign lawyer. The view was expressed in the Bills Committee that this power was too broad, as it could be exercised in respect of a very minor case of dishonesty, which might not be related to the professional practice. The representatives of the Law Society considered this point and agreed that the Bill should be amended to add a further requirement. The amendment I will be proposing provides that the Council of the Law Society can only exercise powers of intervention in cases of suspected dishonesty where it considers that the exercise of those powers would be in the interests of the public or the clients of the solicitor or foreign lawyer..

Immigration Ordinance

I now turn to the provisions in the Bill relating to search and seizure by immigration officers. The Bill provides that a magistrate may issue a warrant to immigration officers to enable them to enter premises and search for and seize things which are liable to be seized under the Immigration Ordinance or that are likely to be value to the investigation of an offence. The Immigration Ordinance currently gives immigration officers powers of search and seizure without a warrant in certain situations. It is therefore necessary to amend those powers so that they dovetail with the proposed new powers.

The amendment I will be proposing provides that the power of search and seizure without a warrant may only be exercised where it would not be reasonably practicable to obtain a warrant.

Pharmacy and Poisons Ordinance

Another amendment I will be moving relates to the Board established under the Pharmacy and Poisons Ordinance. The Bill provides that the Board may transact business by circulation of papers. Members of the Bills Committee considered that this should not be possible if any member of the Board objects to that procedure. The Administration agrees with this, and I will be moving a Committee Stage amendment accordingly.