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"The draft legislation that is to be added to the Legal Services Legislation (Miscellaneous Amendments) Bill 1996, together with the qualification requirements and rules of conduct to be put in place, will help to modernise and rationalise the provision of legal services in Hong Kong.

"Provided there are adequate safeguards, allowing for the practice of solicitor- advocates would bring about more efficient and effective legal services," the spokesman said.

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Fugitive Offenders Bill to be introduced

The Government will soon propose a bill to localise the relevant United Kingdom legislation on surrender of fugitive offenders (SFO) now applied to Hong Kong, a government spokesman said today (Wednesday).

Introducing the Fugitive Offenders Bill which will be gazetted on Friday (October 25), the spokesman said Hong Kong's capacity to request and grant SFO was based on agreements which the UK had extended to the territory, and on reciprocal arrangements with Commonwealth jurisdictions.

"These UK-based arrangements will lapse after June 30, 1997. Therefore, with the agreement of the Chinese side in the Joint Liaison Group (JLG), we are establishing a network of Hong Kong's own bilateral SFO agreements which will remain in force after 1997.

"Localised SFO legislation is necessary to provide legal backing for the new SFO agreements," the spokesman said.

Apart from providing a mechanism for implementing the new SFO agreements, the Bill sets out the conditions and procedures under which Hong Kong will surrender fugitives.

The Bill contains provisions to ensure that fugitive offenders are only surrendered for specified, serious offences.

The Bill will also provide for protection against resurrender to a third country, speciality protection (i.e. offenders will not be tried for offences other than those for which they were originally surrendered), a requirement that there be no surrender unless the conduct constituting the offence is contrary to the law of both jurisdictions (i.e. double criminality) and the normal exclusion in relation to political offences and political prejudice.