TNAG-1858-FCO40-2633-Legislative-Council-of-Hong-Kong-memoranda-and-minutes-of-me-1989 — Page 189

HONG KONG LEGISLATIVE COUNCIL

19 July 1989

香港立法局

一九八九年七月十九日

76

Question on the amendment proposed, put and agreed to.

Question on clauses 2, 4 and 5, as amended, proposed, put and agreed to.

LEGAL PRACTITIONERS (AMENDMENT) BILL 1989

Clauses 1, 5, 7, 8, 12 to 15, 17 and 18 were agreed to.

Clauses 2, 3, 4, 6, 9, 10, 11 and 19

ATTORNEY GENERAL: Sir, I move that clause 2, 3, 4, 6, 9, 10, 11, and 19 be amended as set out in the paper circulated to Members. The effect of the deletion of clause 2 together with other proposed amendments is that judicial officers will, as explained by Mr. Edward HO in the Second Reading debate, not be eligible to become admitted as either barristers or solicitors under the scheme proposed under the Bill.

The proposed amendments to clause 3 deal with the conditions for admission as a solicitor. Proposed new sub-section (1AA) governs residence requirements for United Kingdom solicitors seeking admission in Hong Kong and now provides three alternative bases on which such a solicitor may be residentially qualified: either three-month residence immediately before admission, or being a Hong Kong permanent resident as defined in the Immigration Ordinance or being ordinarily resident in Hong Kong for at least seven years.

Proposed new sub-section (1AB) deals with the admission as a solicitor of a lawyer with seven years in Government legal service. It now requires the applicant to be admitted as a solicitor or legal practitioner in one of the countries listed in the schedule to the Bill. The applicant must show that, for the three years immediately or recently before the application for admission, he or she was engaged on work similar to that usually undertaken by a solicitor. The applicant must also intend, if admitted, to commence practice as a solicitor and must pass an examination in solicitors' accounts, unless exempted by the Chief Justice under new sub-section (1AC). Proposed new sub-section (1AD) clarifies the criteria for the admission as solicitors of certain law lecturers.

New sub-section (1AE) imposes a limit on admissions as solicitors of ten persons for each 12 months in relation to those who were in Government legal service and new sub-section (1AF) adds a definition of "legal officer".

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