XN000022-1997-04-30 — Page 54

33.

Reply:

Mr President,

Before I answer these two questions, it may be helpful if I set out the respective functions of the Law Society and my department in respect of the activities of foreign lawyers and foreign law firms.

Under the Legal Practitioners Ordinance, it is the Law Society that is given the power to register persons as foreign lawyers, and firms as foreign law firms, and it is the Council of the Law Society that is empowered, subject to the approval of the Chief Justice, to make rules in respect of such registration, and in respect of the practice of foreign lawyers and foreign firms. In other words, the Law Society is the statutory and professional regulatory authority in this respect.

The statutory scheme is backed up by certain criminal sanctions in relation to those who offer their services to the public as a practitioner of foreign law without being a solicitor, a barrister or a registered foreign lawyer. The responsibility of my department is to decide whether any prosecution should be instituted in respect of these criminal sanctions and, if so, to be responsible for the prosecution.

In answer to paragraph (a) of the question, I would point out that the police are investigating whether the company referred to, or any person connected with it, has committed any offence under the Legal Practitioners Ordinance. This being so, it is not appropriate for me to comment further at this stage.

With regard to paragraph (b) of the question, it is not possible for a limited company to register as a foreign law firm. However, after my department was notified by the Law Society that the company might be operating in breach of the Legal Practitioners Ordinance, members of my department and the Law Society made every effort to persuade the company to comply with the provisions of the Ordinance.

The company was given ample time to do so. When, after further urging from members of the Law Society and my department, it did not do so, I referred the matter to the police for investigation. When the police have completed their investigation I will consider whether any prosecution should be instituted.

End