1989-01-27 09:28 CHIEF SECRETARY HONG KONG
852 5 810 6734
P.15
(iii) that the proposal will improve the range of available legal services.
Law Society's Comment: Civen that Hong Kong lawyers and U.S. lawyers are now providing a full range of legal services in Hong Kong, it is difficult to see how this can be the case.
(iv) that the proposal will act as an incentive for increased commner- cial activity and investment in Hong Kong,
Law Society's Comment: While it is tempting for a lawyer to accept the proposition that his presence will increase commercial activity and investment in Hong Kong. reality is, of course, different. Businessmen do not choose to do business for the benefit of their lawyers. Even if they did, is it seriously argued that the present arrangements have impeded Hong Kong's development in any way?
(v) that the proposal will provide greater opportunities for local lawyers to become involved in general international practice.
Law Society's Comment: Local lawyers are now very much in- volved in international matters and matters involving different systems of law. There is no evidence that the proposal will increase this involvement. In fact it is likely to have the opposite effect. Instead of choosing Hong Kong legal advisers on the basis of price, reputation and quality of service, foreigners proposing to do business in Hong Kong will choose their advisers on the basis of nationality. Americans will seek advice from American firms, Canadians will go to Canadian firms, the Dutch to Netherlands firms etc.. This will diffuse and distort the distribution of inter- national work and will reduce opportunities for local firms to gain experience in international practice. In addition, the proposal is not limited to international practice but will enable a foreign firm to deal with purely domestic matters involving only Hong Kong law. In reality, the proposal will reduce local lawyers' involve- ment in general international practice and increase foreign lawyers' involvement in local practice.
21
!
22
22
No comments yet.
Private notes are available after approval.