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CONFIDENTIAL
HKB 373/1
140743
MDLIAN 6423
CONFIDENTIAL
FM HONG KONG
TO PRIORITY FCO
TELNO 72
OF 06103OZ JANUARY 89
N
INFO PRIORITY PEKING, UKREP JLG HONG KONG
MY 2ND IPT: ADMISSION OF CERTAIN GOVERNMENT LAWYERS FOR PRIVATE PRACTICE
THE FOLLOWING ARE THE DEFENSIVE Q AND A'S:
BEGINS
Q1. WHY IS THERE A NEED TO ''TIGHTEN'' THE CRITERIA FOR ADMISSION OF UK QUALIFIED LAWYERS?
A1. IT IS DESIRABLE THAT LAWYERS SHOULD ONLY BE ADMITTED TO PRACTISE IN HK WHEN THEY HAVE SOME KNOWLEDGE OF THE LOCAL PRACTICE. THE NEW CRITERIA WOULD MEET THIS NEED.
Q2. WHY RESTRICT LEGAL OFFICERS TO LAWYERS QUALIFIED IN SPECIFIED JURISDICTIONS?
A2. THESE ARE THE JURISDICTIONS WHICH, LIKE THE UK, HAVE LEGAL SYSTEMS MOST CLOSELY EQUIVALENT TO THE LEGAL SYSTEM IN HK.
Q3. WHAT ARE THE REASONS FOR FORBIDDING AUSTRALASIAN COUNSEL TO PRACTISE IN THE PRIVATE SECTOR IN THE PAST? WHAT CIRCUMSTANCES HAVE NOW CHANGED NECESSITATING A CHANGE IN THE PRESENT POLICY?
A3. HISTORICALLY ONLY UK LAWYERS COULD PRACTISE IN HK. THEN HK BEGAN TO TRAIN LOCAL LAWYERS. AUSTRALASIAN LAWYERS WERE ONLY BROUGHT INTO THE GOVERNMENT LEGAL SERVICE TO SOLVE RECRUITMENT DIFFICULTIES. THIS WAS INTENDED TO BE A SHORT TERM MEASURE BUT HAS BEEN THE PRACTICE FOR SOME TIME. NOW THAT A LOT OF THESE AUSTRALASIAN LAWYERS HAVE MADE THEIR COMMITMENT TO HK IT IS ONLY EQUITABLE TO TREAT THEM ON PAR WITH THEIR UK COLLEAGUES.
Q4. WHAT ARE THE REASONS FOR THE PROPOSAL TO ALLOW LAWYERS QUALIFIED OVERSEAS TO BE ADMITTED TO PRIVATE PRACTICE IN HONG KONG?
A4. THE LAWYERS ARE ALREADY QUALIFIED UNDER THE LEGAL OFFICERS
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CONFIDENTIAL
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