TNAG-1922-FCO40-2727-Future-of-the-judiciary-in-Hong-Kong-1989 — Page 169

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EXAMPLE U.S.) WOULD ASK FOR SIMILAR TREATMENT? IF THEY DID, WHAT WOULD BE YOUR RESPONSE?

A15. SUCH LAWYERS HAVE ALREADY ASKED TO BE ADMITTED TO PRACTISE IN HONG KONG ON MOTION AND WITHOUT COMPLETING THE FORMALITIES REQUIRED BY THE LEGAL PRACTITIONERS ORDINANCE. THIS REQUEST HAS ALREADY BEEN REJECTED AND IT IS NOT EXPECTED THAT HKG'S VIEW ON THIS MATTER WILL CHANGE IN THE FORSEEABLE FUTURE.

Q16. WHAT ARE THE REASONS FOR PERMITTING ACADEMIC TO BE ELIBLE TO PRACTISE PROVIDED. THAT THEY ARE QUALIFIED IN A JURISDICTION INCLUDED IN THE SCHEDULE?

A16. IT IS IMPORTANT THAT TEACHERS IN EDUCATION INSTITUTIONS WHO ARE RESPONSIBLE FOR PROFESSIONAL TRAINING COURSE SHOULD KEEP UP TO DATE WITH TRENDS IN PRACTICE AND HAVE SOME EXPERIENCE OF PRACTISE IN HK. THIS IS VITAL IN ORDER TO MAINTAIN STANDARDS AND TO MEET THE

DEMANDS OF THE PROFESSIONAL BODIES.

Q17. WHAT DO YOU ENVISAGE ARE THE PROFESSIONS' REACTIONS TO THE

PROPOSALS?

A17. THE REPRESENTATIVES OF THE LAW SOCIETY AND THE BAR ASSOCIATION

ARE INCLUDED IN THE CJ COMMITTEE WHICH SUPPORTED THE MAJORITY OF THE

PROPOSALS.

WE HAVE CONSIDERED THE ARGUMENTS PUT FORWARD BY THE BAR ASSOCIATION CAREFULLY AND FEEL THAT THEY IGNORE THE PUBLIC INTEREST REQUIREMENT THAT THE BAR IS ABLE TO MEET DEMAND AND THAT THERE IS COMPETITION FOR WORK. THE ARGUMENTS ALSO DO NOT JUSTIFY THE EXCLUSION OF EXPERIENCED OVERSEAS COUNSEL WHO ARE COMPETENT TO DEAL WITH HEAVY CASES WHICH ARE CURRENTLY BRIEFED TO COUNSEL OUTSIDE HK.

Q18 ARE THE PROPOSAL CONNECTED WITH THE PROPOSALS TO ALLOW

·

FOREIGN LAW FIRMS IN HK TO EMPLOY OR ADMIT AS A PARTNER LAWYER IS

QUALIFIED TO PRACTISE HK LAW?

A18. THE PRESENT PROPOSALS ARE NOT CONNECTED WITH THE PROPOSALS ON THE FOREIGN LAW FIRMS, ON WHICH THE CHINESE SIDE WAS BRIEFED BY US SOME TIME AGO.

ENDS

WILSON

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