TNAG-1922-FCO40-2727-Future-of-the-judiciary-in-Hong-Kong-1989 — Page 152

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MDHIAN 2159

CARRIED OUT WORK IDENTICAL TO THOSE IN PRIVATE PRACTICE. IT IS CONSIDERED INEQUITABLE NOT TO ALLOW THEM TO BE ADMITTED TO PRIVATE PRACTICE WHEN THEY HAVE ALREADY PROVED THEIR COMPETENCE IN GOVERNMENT

SERVICE AND WHEN THEIR COLLEAGUES FROM UK ARE SO ALLOWED.

Q5. WHAT IS THE RATIONALE BEHIND THE RECOMMENDATION THAT LAWYERS FROM COMMONWEALTH COUNTRIES SHOULD BE ALLOWED TO PRACTISE AFTER 7

YEARS' RESIDENCE IN HK?

A5. 7 YEARS' ORDINARY RESIDENCE IS ALREADY THE PERIOD SPECIFIED

IN SOME ORDINANCES AS QUALIFYING PERIOD.

Q6. CAN

THE SCHEDULE OF COUNTRIES BE CHANGED? IF SO, UNDER WHAT CIRCUMSTANCES?

A6. THEORETICALLY, YES. BUT THE SCHEDULE ALREADY INCLUDES ALL THE COUNTRIES FROM WHICH LAWYER HAVE BEEN RESTRICTED BY HKG IN THE PAST.

MOST UNLIKELY TO BE CHANGED.

Q7

-

ARE THELEGAL SYSTEMS IN THE COMMONWEALTH COUNTRIES LISTED IN THE

SCHEDULE EXACTLY IDENTICAL TO THAT IN HK?

A7. THEY ARE ALL COMMON LAW JURISDICTIONS WHICH HAVE LEGAL SYSTEMS

MOST AKIN TO THE LEGAL SYSTEM IN HK.

Q8. (DELETED)

Q9. (DELETED)

Q10. DOES ANY OTHER COMMONWEALTH COUNTRY ALLOW HONG KONG QUALIFIED LAWYERS TO PRACTISE IN THEIR SYSTEM WITHOUT EXAMINATION?

A10. YES. A LARGE NUMBER OF HK LAWYERS HAVE BEEN ADMITTED TO THE

VICTORIA BAR ON MOTION.

Q11. (DELETED)

Q12. (NUMBER OMITTED FROM MY TELNO 72)

Q13. (DELETED)

Q14

a

HOW ARE THE QUOTAS FIXED? CAN THEY BE CHANGED? IF SO, HOW?

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