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thirdly, in order to preserve the integrity of the local legal system including the independence of the judiciary and the administration of law. It is a truism to state that the legal system of a country is at the very heart of its independence and identity. Judges and other officers of the High Court, including soli. citors, play an important role, not only in administering the law but also in creating and preserving it. It is for this reason that the question of who may practise the law is regarded in many countrics (and should be so regarded in Hong Kong) as a constitutional and poli- tical question of the very greatest significance.
In a number of jurisdictions. Hong Kong included, lawyers qualified else- where are permitted to advise on the foreign laws in which they are quali- fied but are not permitted to advise on local law. This exception to the general rule gives the public access to advice on foreign laws without having to instruct lawyers located overseas. According to the Law Society's records there are now some 25 foreign firms practising in this way in Hong Kong, their home.
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jurisdictions being the U.S.A., Sweden, Canada, Bermuda, West Germany, the Netherlands, Australia and the Philippines, and there is no suggestion that this arrangement should end. Interestingly, Hong Kong first per- mitted this practice in 1972 whereas in the U.S.A. most of the States still do not allow foreign lawyers to practise at all.
In 1986-87, a committee appointed by the Governor, chaired by the Chief Justice and including a representative of the Attorney General and an inde- pendent member of LegCo received a submission from a U.S. law firm with an office in Hong Kong that foreign. lawyers should be able to employ and admit to partnership lawyers qualified in Hong Kong. It rejected the sub- mission unanimously stating that the proposal would necessarily involve permitting the foreign lawyer to advise on Hong Kong law.
In January 1987, immediately prior to publication of the committee's report, seven U.S. law firms with offices in Hong Kong petitioned the Governor in similar terms to the submission made
to the committee. The petition con- tained many misleading and inaccurate
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Miðis þárzók 96: Bras ūdna
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