CONFIDENTIAL
014
MDHIAN 8158
HONG KONG JUDICIARY OR THE HONG KONG GOVERNMENT LEGAL SERVICE.
THEY WERE RECRUITED IN THE PAST BECAUSE OF DIFFICULTIES IN RECRUITING SUFFICIENT HONG KONG - QUALIFIED AND UK-QUALIFIED LAWYERS, AND MANY OF THEM HAVE NOW SETTLED IN HONG KONG. MORE RECENTLY THE GOVERNMENT HAS RECRUITED A NUMBER OF HONG KONG CHINESE LAWYERS WHO WERE QUALIFIED IN THOSE JURISDICTIONS. UNDER EXISTING RULES, THEY MAY PRACTISE HONG KONG LAW AS JUDICIAL OFFICERS OR AS MEMBERS OF THE GOVERNMENT LEGAL SERVICE WITHOUT RESTRICTION, BUT ARE REQUIRED TO OBTAIN THE POSTGRADUATE CERTIFICATE OF LAWS AND, IN THE CASE OF SOLICITORS, ALSO TO UNDERGO TWO YEARS OF ARTICLED CLEARKSHIP, BEFORE THEY ARE ELIGIBLE FOR ADMISSION TO PRACTISE IN THE PRIVATE SECTOR. SUCH TRAINING, WHICH IS DESIGNED TO PREPARE STUDENTS FOR PRACTICE, IS QUITE UNNECESSARY IN THEIR CASE GIVEN THEIR PROVEN EXPERIENCE IN PRACTISING HONG KONG LAW. IN PRACTICE, THE REQUIREMENT MEANS THAT THE EXPERIENCE AND EXPERTISE OF THESE LAWYERS IS LOST TO THE HONG KONG COMMUNITY WHEN THEY LEAVE THE GOVERNMENT ON RETIREMENT OR FOR OTHER REASONS. AS IT IS BENEFICIAL TO RETAIN THEIR EXPERIENCE IN HONG KONG, WE PROPOSE THAT THEY SHOULD BE ALLOWED TO GO INTO PRIVATE PRACTICE WITHOUT FURTHER TRAINING IF THEY MEEG SUBSTANTIAL RESIDENCE AND EXPERIENCE REQUIREMENTS. THIS PROPOSAL WOULD ALSO ENCOURAGE OTHER HONG KONG CHINESE LAWYERS WHO ARE QUALIFIED IN THE RELEVANT JURISDICTIONS TO JOIN THE HONG KONG GOVERNMENT LEGAL SERVICE THE PROPOSAL MIGHT ALSO RESULT IN SOME PEOPLE FROM THE JUDICIARY AND THE GOVERNMENT LEGAL SERVICE WISHING TO JOIN THE PRIVATE SECTOR, BUT IT IS PROPOSED TO REGULATE THIS BY LIMITING SUCH ADMISSIONS TO A MAXIMUM OF 10 SOLICITORS AND 5 BARRISTERS A YEAR.
5. THE THIRD PROPOSAL IS TO ALLOW CERTAIN LAW LECTURERS WHO ARE QUALIFIED IN THE SAME COMMONWEALTH JURISDICTIONS A LIMITED RIGHT OF PRIVATE PRACTICE. AS THEY ARE ENGAGED IN TEACHING THE PRACTICE OF HONG KONG LAW, IT IS CLEARLY DESIRABLE THAT THEY SHOULD HAVE SOME UP TO DATE EXPERIENCE OF SUCH PRACTICE.
6. TO ASSIST THE CHINESE SIDE IN UNDERSTANDING THESE PROPOSALS MORE FULLY, WE HAVE PREPARED A DETAILED EXPLANATORY NOTE WHICH I AM HAPPY TO HAND OVER.
7. THE PROPOSALS I HAVE OUTLINED ARE NOT LINKED TO THE PROPOSALS RELATING TO FOREIGN LAW FIRMS, ABOUT WHICH WE HAVE BRIEFED THE CHINESE SIDE EARLIER. THE PRESENT PROPOSALS CONCERN THE ELIGIBILITY OF INDIVIDUALS FOR ADMISSION TO PRACTISE HONG KONG LAW AS A SOLICITOR OR A BARRISTER, I.E. QUALIFICATION TO BE A HONG KONG LAWYER. THE OTHER PROPOSALS WERE TO ENABLE FOREIGN LAW FIRMS TO EMPLOY HONG KONG SOLICITORS OR TAKE THEM INTO PARTNERSHIP UNDER A
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CONFIDENTIAL
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