TNAG-1922-FCO40-2727-Future-of-the-judiciary-in-Hong-Kong-1989 — Page 172

CONFIDENTIAL

140651.

MDLIAN 6406

THE GOVERNMENT CAN EMPLOY LAWYERS FOR ITS LEGAL SERVICE. IN THE PAST THERE HAD BEEN DIFFICULTIES IN RECRUITING SUFFICIENT HK-QUALIFIED AND UK-QUALIFIED LAWYERS, THEREFORE FROM CERTAIN COMMONWEALTH JURISDICTI- ONS WHO ARE QUALIFIED IN THOSE JURISDICTIONS BUT ARE NOT ELIGIBLE FOR ADMISSION IN HONG KONG. THESE COMMONWEALTH LAWYERS PRACTISE

HONG KONG LAW IN THE COURSE OF THEIR EMPLOYMENT AS MEMBERS OF GOVERNMENT LEGAL SERVICE, IN SAME WAY AS THEIR HK-QUALIFIED OR UK- QUALIFIED COLLEAGUES. THESE ARRANGEMENTS HAVE THE APPROVAL OF THE

LAW SOCIETY AND BAR ASSOCIATION.

5. ANOMALY EXISTS IN THAT, WHILE NEWLY QUALIFIED LAWYERS FROM HONG KONG AND UNITED KINGDOM ARE ELIGIBLE FOR ADMISSION TO PRACTISE LAW IN HONG KONG WITHOUT RESTRICTION, COMMONWEALTH LAWYERS WHO HAVE HAD CONSIDERABLE EXPERIENCE IN PRACTISING HONG KONG LAW AS MEMBER OF GOVERNMENT LEGAL SERVICE ARE NOT ELIGIBLE FOR SUCH ADMISSION. THEY CAN QUALIFY FOR ADMISSION AFTER OBTAINING PCLL, BUT IN THEIR CIRCUMSTANCES THEY HAVE NO PRACTICAL NEEDS TO TAKE THE COURSE OF

PCLL, WHICH IS DESIGNED TO TEACH THE PRACTICE OF LAW. THIS IS UNDERSTOOD TO HAVE DISCOURAGED SOME COMMONWEALTH LAWYERS, INCLUDING HONG KONG CHINESE LAWYERS QUALIFIED IN COMMONWEALTH JURIDICTIONS, FROM JOINING HKG LEGAL SERVICE. AT THE SAME TIME, THE RELATIVE EASE WITH WHICH UK-QUALIFIED BARRISTERS ARE ADMITTED TO PRACTICE IN HK MAY HAVE DETERRED HK-QUALIFIED LAWYERS FROM BECOMING BARRISTERS.

6. TO RECTIFY THESE ANOMALIES, HKG NOW PROPOSED TO TIGHTEN CRITERIA FOR ADMISSION OF UK-QUALIFIED LAWYERS AND, AT SAME TIME, ENABLE COMMONWEALTH LAWYERS WHO ARE WELL EXPERIENCED IN THE PRACTICE OF HK

LAW TO BE ADMITTED TO PRACTISE WITHOUT EXAMINATION. OUR PROPOSALS ARE AS FOLLOWS:-

(A) FOR UK-QUALIFIED BARRISTERS, ADMISSION SHOULD BE GRANTED ONLY IF APPLICANT

:

(I) HAS HAD AT LEAST 3 YEARS' PRACTICE IN UK: OR

(II) IS A HK PERMANENT RESIDENT: OR

(III) HAS HK AS NATURAL PLACE OF DOMICILE: OR

(IV) HAS BEEN ORDINARILY RESIDENT IN HK FOR AT LEAST 7 YEARS:

(B) FOR UK-QUALIFIED SOLICITORS, APPLICANT:

(I) MUST HAVE RESIDED IN HK FOR ATLEAST 3 MONTHS IMMEDIATELY PRIOR

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