Furthermore the effect of the pro- posal on the relationship with China has been overlooked. The proposal will permit any foreign law firm which satisfies certain criteria to practise in Hong Kong and to employ local solicitors. Chinese lawyers are employees of the State, and, as a result, under the proposal Hong Kong lawyers will be employed by the PRC directly. Where will this leave the independence of the local legal profession and the principle of one country, two systems?
THE ARGUMENTS PUT FORWARD BY THE HONG KONG GOVERNMENT
The Hong Kong Government argues:-
(i)
that the proposal is based on Hong Kong's best interest and on the basic philosophy of Govern- ment of promoting free competi- tion in services in the same way as any other area of trade.
Law Society's Comment: These superficial and general reasons are given without any analysis of the underlying issues and have little or no value as a result.
(ii) that the proposal will enhance Hong Kong's ability to meet the increasingly sophisticated de- mands for legal services of the international business community.
Law Society's Comment: This is untrue. In fact the reverse may occur. The American lawyers have stated their intention to hire only a small number of local lawyers. By definition those local lawyers will be generalists ad- vising on a broad spread of sub- jects with the result that the American firms will not be able to provide sophisticated advice on Hong Kong law.
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