TNAG-1922-FCO40-2727-Future-of-the-judiciary-in-Hong-Kong-1989 — Page 156

CONFIDENTIAL

154014

MDHIAN 8158

STATUTORY SCHEME OF CONTROL.

8. WE FIRMLY BELIEVE THAT THE CURRENT PROPOSALS ARE IN NO WAY INCONSISTENT WITH THE JOINT DECLARATION. THEY DO NOT CHANGE THE EXISTING SYSTEM IN SUBSTANCE.

9. AS STATED AT THE BEGINNING, THE PRESENT PROPOSALS ARE BASED ON THE RECOMMENDATIONS OF A COMMITTEE CHAIRED BY THE FORMER CHIEF JUSTICE. BOTH THE BAR AND THE LAW SOCIETY WERE REPRESENTED ON THAT COMMITTEE. IN DRAWING UP ITS RECOMMENDATIONS, THE COMMITTEE ACCEPTED THE VIEWS OF A UMELCO PANEL THAT THERE WAS A CASE FOR ACCEDING TO THE REQUEST FROM A NUMBER OF AUSTRALASIAN LAWYERS EMPLOYED BY THE GOVERNMENT THAT THEY BE ELIGIBLE FOR ADMISSION TO PRIVATE PRACTICE WITHOUT FURTHER TRAINING. THE BAR AT THE TIME OPPOSED THIS REQUEST, ON THE GROUNDS THAT THE BAR SHOULD BE LOCALISED, THAT ADMISSION SHOULD NOT BE CONTROLLED BY THE GOVERNMENT AND THAT OVERSEAS BARRISTERS SHOULD BE ADMITTED ONLY WHERE THERE IS FULL RECIPROCITY. THESE ARGUMENTS DID NOT CONVINCE THE UMELCO PANEL. NEVERTHELESS, SOME MEMBERS OF THE BAR MIGHT REITERATE THEIR OBJECTION WHEN THE PROPOSALS ARE ANNOUNCED AND MIGHT EVEN SEEK TO LINK THE ISSUE WITH THAT OF FOREIGN LAW FIRMS. THE HONG KONG GOVERNMENT FIRMLY BELIEVE THAT THE PRESENT PACKAGE OF PROPOSALS, WHICH AFFECTS NOT ONLY COMMONWEALTH LAWYERS WORKING IN THE HONG KONG JUDICIARY AND THE GOVERNMENT LEGAL SERVICE BUT ALSO UK-QUALIFIED LAWYERS, IS WELL-SUITED TO HONG KONG'S CIRCUMSTANCES AND NEEDS AND IS LIKELY TO BE CONDUCIVE TO THE DEVELOPMENT OF THE LOCAL BAR.

ENDS

WILSON

YYYY

DISTRIBUTION

51

ΜΑΙΝ

48

.HONG KONG AGREEMENT

.(RESTRICTED)

LIMITED

HKD

HD/FED

RESEARCH (FE)

PAGE

PUSD

PS/LORD GLENARTHUR

PS/MR EGGAR

MR GILLMORE MR MCLAREN

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