TNAG-0264-FCO40-300-Establishment-of-Inn-of-Court-in-Hong-Kong-1970 — Page 30

C.S. 20A (Rev.)

SAVING DESPATCH RECEIVED IN

REGISTRY No. 66

From the Governor, Hong Kong

To the retary of State for Foreign and Commonwealth Affairs

Repeated to:-

23 JUN 1970

743

163/393/1

No.

No.

Repeated to:

Date.

My Reference..

18th June, 1970 GR 2/3221/70

Your Reference

Establishment of an Inn of Court in Hong Kong

Since the early days of the Colony, the admission of barristers, and their control and discipline, have been vested in the Chief Justice. The practising members of the profession do not, unlike doctors, dentists, architects and solicitors, themselves exercise any direct jurisdiction over the admission or conduct of their colleagues.

2.

I am advised that in England, jurisdiction over admission to the Bar and the control of the professional conduct of barristers has always resided, by virtue of the common law, in the judges of the High Court. However, these powers were delegated by the judges, in mediaeval times, to the Inns of Court, of which four now survive. The governing body of an Inn, which is composed of judges, Queen's Counsel and some junior members of the bar, exercises these powers in relation to members of that Inn; there is a right of appeal to the judges of the High Court, sitting as visitors of the Inn, against an order of suspension or disbarment by an Inn.

The judges do not sit as a court, but as a domestic tribunal, from which there is no further right of appeal.

3. The establishment of a Law Faculty in Hong Kong, leading to a Hong Kong qualification to practise, has made it necessary to decide what alterations will be required to our present law dealing with the admission and control of legal practitioners, since a new provision must be made, for graduates from Hong Kong University, who have passed their professional examination, to be called as barristers and to be admitted to practice. This has led to a consideration of whether or not the existing system, by which these matters are prescribed by Ordinance and controlled by the Chief Justice, are best adapted to our circumstances and needs.

4.

When a profession is small, as the bar has been in Hong Kong until recently, it is desirable that it should be subject to some control and supervision by an independent person or body, since it is unfair to expect a small group of professional men to impose and enforce high standards of conduct on their colleagues, who will usually be friends as well. However, when a profession reaches a sufficient size, as I think it now has, it is usual to entrust its members with a larger share in the task of maintaining its standards.

There are about 40 barristers now in active practice in Hong Kong.

5.

Consequently, I believe that the time has arrived to consider the introduction into Hong Kong of the same system as applies in England for the regulation of barristers. This is a view which is shared by the Chief Justice and by the Committee of the Hong Kong Bar Association.

6.

In outline, what is suggested is as follows -

(a)

(b)

The present provisions of the Legal Practitioners Ordinance which deal with the admission and conduct of barristers should be repealed.

Power to control the admission and professional conduct of barristers, and student barristers, should be conferred by Ordinance on the judges of the Supreme Court, thus equating Hong Kong law with that existing at common law in England.

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