TNAG-1922-FCO40-2727-Future-of-the-judiciary-in-Hong-Kong-1989 — Page 161

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

CONFIDENTIAL

FM FCO

TO IMMEDIATE HONG KONG

TELNO 88

OF 091715Z JANUARY 89

CONFIDENTIAL

HKB 373/1

TOP

INFO IMMEDIATE UKREP JLG HONG KONG,

PEKING

6)

146053

MDHOAN 2310

MIPT AND YOUR TELNO 72: ADMISSION OF CERTAIN GOVERNMENT LAWYERS INTO PRIVATE PRACTICE.

WE HAVE THE FOLLOWING COMMENTS ON THE DEFENSIVE Q AND A'S IN SECOND TUR:

1.

(A) A3: FINAL SENTENCE: THE NEW PROPOSALS DO NOT PUT THE AUSTRALIAN LAWYERS QUOTE ON A PAR WITH UNQUOTE THEIR UK COLLEAGUES. WE SUGGEST DELETING THIS SENTENCE. DEALT WITH ADEQUATELY IN A4.

THE POINT IS

THE POINT YOU MAKE IS VALID BUT LOOKS A BIT THIN. IT BE STRENGTHENED?

CAN

CAN IT BE

(B) A8.

(C) A12: THIS ANSWER ALSO LOOKS A BIT THIN. STRENGTHED?

(D)

PERHAPS BY REFERENCE TO A9.

A13: WE SUGGEST THAT THIS SHOULD ALSO REFER TO A9.

(E) A14: WE FIND THIS ANSWER CONFUSING. IT IS NOT CLEAR WHY YOU HAVE OPTED FOR FIGURES IN EXCESS OF THOSE RECOMMENDED BY THE BODIES YOU HAVE CONSULTED. THE REFERENCE TO TAKING INTO ACCOUNT THE SEVEN YEARS EXPERIENCE ETC, FACTOR IS NOT DIRECTLY RELEVANT. THE ANSWER IS PERHAPS BETTER COVERED BY A12 AND A9. WE DO NOT (NOT) THINK IT NECESSARY TO COVER THE QUESTION OF WHETHER THE QUOTA SHOULD APPLY TO THE RIGHT TO BE ADMITTED OR THE RIGHT TO PRACTICE: IF YOU THINK THIS IS NECESSARY WE SUGGEST YOU MAKE IT AN ADDITIONAL POINT.

(F) A17: WE SUGGEST THIS SECTION BE EXPANDED TO DEAL WITH THE ARGUMENTS PUT FORWARD BY THE BAR ASSOCIATION, WHICH ARE NOT SPELT OUT.

WE ARE NOT SURE WHY YOU USE QUOTE HEAVY UNQUOTE IN THE FINAL SENTENCE. SHOULD THE REFERENCE SIMPLY BE TO QUOTE THOSE CASES UNQUOTE?

(G) A18: AS SUGGESTED IN MIPT, WE THINK THIS SHOULD BE IN THE SPEAKING NOTE.

WE WOULD BE GRATEFUL FOR ANY COMMENTS YOU MAY HAVE ON THE ABOVE AFTER CONSULTATION WITH UKREP JLG.

2 =

HOWE

YYYY

1

PAGE CONFIDENTIAL

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