ARRANGEMENTS.
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140743 MDLIAN 6423
Q10. DOES ANY OTHER COMMONWEALTH COUNTRY ALLOW HONG KONG QUALIFIED LAWYERS TO PRACTISE IN THEIR SYSTEM WITHOUT EXAMINATION?
A10. YES. A LARGE NUMBER OF HK LAWYERS HAVE BEEN ADMITTED TO THE VICTORIA BAR ON MOTION.
Q11. IF YOU ARE CONVINCED THAT IT IS WRONG TO DISCRIMINATE AGAINST SUCH LAWYERS, WHY NOT LET THEM PRACTISE ON THE SAME TERMS AS THOSE FOR UK QUALIFIED LAWYERS? WOULD NOT THE ADDITIONAL RESTRICTIONS BE EQUALLY WRONG?
A12. THE PROPOSALS ARE DRAWN UP AS A PACKAGE TO MEET THE PRACTICAL NEED OF THE COMMUNITY AND AT THE SAME TIME TAKING INTO ACCOUNT THE HISTORICAL FACTORS.
Q13. WHY IS AN ANNUAL LIMIT NEEDED?
A13. THE ANNUAL LIMIT WILL ENSURE THAT THE NUMBER PERMITTED TO PRACTISE IS RESTRICTED SO THAT THE NATURAL DEVELOPMENT OF A STRONG LOCAL BAR IS NOT ADVERSELY AFFECTED.
Q14. HOW ARE THE QUOTAS FIXE? CAN THEY BE CHANGED? IF SO, HOW?
A14. TWO ISSUES ARISE IN RELATION TO THIS. THE UMELCO PANEL RECOMMENDED A QUOTA OF THREE TO FIVE ADMISSIONS AND THE COMMITTEE, FOUR. THE FIGURE OF FIVE BARRISTERS AND TEN SOLICITORS AS PROPOSED IN THE BILL TAKES INTO ACCOUNT THE FACT THAT THE APPLICANT SHOULD HAVE AT LEAST SEVEN YEARS EXPERIENCE WITHIN THE JUDICIARY OR GOVERNMENT LEGAL SERVICE AS A WHOLE. THE SECOND ISSUE IS THE QUESTION OF WHETHER THE QUOTA SHOULD APPLY TO THE RIGHT TO BE ADMITTED OR THE RIGHT TO PRACTISE. OTHER THAN NOTING THE VIEWS OF ONE OF ITS MEMBERS THE COMMITTEE MADE NO RECOMMENDATION ON THIS ISSUE. THE AIM IS TO ENTITLE CERTAIN BARRISTERS AND SOLICITORS WITHIN THE JUDICIARY AND THE GOVERNMENT LEGAL SERVICE TO BE ENTITLED TO PRACTISE IN THE PRIVATE SECTOR. THEY DO NOT NEED TO BE ADMITTED IF THEY REMAIN WITHIN THE JUDICIARY OR THE GOVERNMENT LEGAL SERVICE. THEREFORE IT IS PROPOSED THAT THE QUOTA SHOULD APPLY SO THAT THE NUMBER RELATES TO THOSE WHO INTEND TO PRACTISE. THE QUOTA WILL BE PROVIDED FOR BY LEGISLATION. IF THE QUOTA IS TO BE CHANGED FURTHER LEGISLATION WILL BE REQUIRED. NO CHANGE IS PRESENTLY CONTEMPLATED.
Q15. DO YOU THINK LAWYERS QUALIFIED OUTSIDE THE COMMONWEALTH (FOR
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