CONFIDENTIAL
FM HONG KONG
CONFIDENTIAL
HKB 373/1
12 JAN 1989
SK OFFICEN
TO DESKBY 11140OZ FCO
INDE
TELNO 129
OF 11123OZ JANUARY 89
INFO IMMEDIATE PEKING
INFO ROUTINE UKREP JLG HONG KONG
ST ?
9
154014
MDHIAN 8158
MY FIRST IPT: ADMISSION OF CERTAIN GOVERNMENT LAWYERS FOR PRIVATE PRACTICE: DRAFT SPEAKING NOTE
BEGINS
·
1 THE CHINESE SIDE MAY WISH TO KNOW THAT THE HONG KONG GOVERNMENT WILL BE ANNOUNCING LATER TODAY CERTAIN PROPOSALS TO AMEND THE LEGAL PRACTITIONERS ORDINANCE. THE RELEVANT BILL WILL BE PUBLISHED IN THE GOVERNMENT GAZETTE ON 20 JANUARY AND INTRODUCED INTO THE LEGISLATIVE COUNCIL ON 15 FEBRUARY.
2. THE MAIN PROVISIONS OF THE BILL ARE DESIGNED TO RATIONALISE THE CRITERIA UNDER WHICH THE COURT MAY ADMIT LAWYERS QUALIFIED IN CERTAIN JURISDICTIONS OTHER THAN HONG KONG TO PRACTISE LAW IN HONG KONG AS A SOLICITOR OR A BARRISTER. THE PROVISIONS ARE BASED ON THE RECOMMENDATIONS OF A COMMITTEE CHAIRED BY THE FORMER CHIEF JUSTICE, WHICH WAS SET UP FOLLOWING REPRESENTATIONS BY A NUMBER OF AUSTRALAS- IAN LAWYERS IN THE GOVERNMENT LEGAL SERVICE.
3. THERE ARE THREE PROPOSALS INVOLVING CHANGES TO THE EXISTING ADMISSION CRITERIA. THE FIRST PROPOSAL AFFECTS LAWYERS QUALIFIED IN THE UNITED KINGDOM. THEY ARE AT PRESENT ELIGIBLE FOR ADMISSION WITHOUT FURTHER QUALIFICATION, WHETHER THEY ARE SOLICITORS OR BARRISTERS. THIS REFLECTS THE HISTORICAL POSITION, WHICH OBTAINED BEFORE HONG KONG BEGAN TO TRAIN LAWYERS LOCALLY, WHEREBY ONLY UK- QUALIFIED LAWYERS COULD PRACTISE HONG KONG LAW. AS DIFFERENCES BETWEEN UK AND HONG KONG LAW, PRACTICE AND CONDIDITIONS DEVELOP, IT IS DESIRABLE THAT UK LAWYERS SHOULD BE REQUIRED TO HAVE SOME BASIC KNOWLEDGE OF LOCAL CONDITIONS BEFORE ADMISSION. FURTHERMORE, WE BELIEVE THAT THE LESS READY ADMISSION OF UK LAWYERS WOULD ENCOURAGE MORE LOCAL PEOPLE TO BECOME LAWYERS, THEREBY ACCELERATING THE DEVELOPMENT OF A STRON, INDEPENDENT AND BILINGUAL LOCAL PROFESSION.
4. THE SECOND PROPOSAL CONCERNS LAWYERS WHO ARE QUALIFIED IN CERTAIN COMMONWEALTH JURISDICTIONS AND WHO ARE CURRENTLY WORKING IN THE
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CONFIDENTIAL
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