TNAG-1922-FCO40-2727-Future-of-the-judiciary-in-Hong-Kong-1989 — Page 118

ANNDENTIAL

- 3

(g)

(h)

(i)

(j)

(k)

(1)

(m)

(n)

(0)

(p)

fees not to be shared with any person not licensed to practise in a foreign law firm in Hong Kong (this will need to be widely defined as it is unrealistic to think that the profits from the Hong Kong branch will not benefit partner resident elsewhere); the branch office to be identified as required on all notepaper and memoranda of the firm; handling of clients' money to be in accordance with Solicitors Accounts Rules (as certified each year by Hong Kong authorised auditors). Partners in firms handling clients' money and employing or having in partnership local solicitors to pass the Solicitors Accounts Examination;

no member of the firm who is not a qualified Hong Kong solicitor to handle work within the solicitors monopoly:

not to give advice on Hong Kong law outside the solicitors monopoly except on the basis

of advice from a solicitor admitted to practise in Hong Kong;

all files and records of the firm to be maintained in a manner which indicates whether any advice has been given on Hong Kong law and if so, details of the date, time and place the advice was given, by whom it was given and to whom it was given;

foreign law firms seeking to employ or take as partners Hong Kong solicitors to practise Hong Kong law to ensure that a separate record is kept of all advice given by the Hong Kong solicitor on matters falling within the solicitors monopoly;

licensed foreign lawyers to be subject to the disciplinary control of the Law Society in the same way as Hong Kong solicitors; licensed foreign lawyers to be bound by the rules of professional conduct governing solicitors; to comply with the laws of Hong Kong.

The following miscellaneous matters will need

to be considered

(a) licence fees;

(b)

(c)

(d)

membership of Law Society;

foreign lawyers to be eligible for membership

of the Council and Disciplinary Panel;

power of the Law Society to examine files

and records of advice in connection with complaints;

TAL

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