TNAG-1922-FCO40-2727-Future-of-the-judiciary-in-Hong-Kong-1989 — Page 36

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Summary of Consultative Document

1.3

The proposal, when implemented, will replace the existing loose administrative arrangements under which foreign law firms are permitted to practise in Hong Kong with a statutory system which will set out clear criteria which must be satisfied before permission to practise is granted. It is the Government's intention that only foreign law firms of substantial reputation and integrity will be permitted under this scheme to practise in Hong

Kong.

1.4

Under the Legal Practitioners Ordinance only certain areas of the practice of solicitors are the subject of a statutory monopoly, The monopoly covers litigation, probate and the preparation of certain documents (e.g. conveyancing).

Foreign law firms, foreign lawyers and solicitors who are employed by, or are in partnership with, foreign law firms will be expected to comply with strict rules which will ensure that

(a)

only Hong Kong qualified solicitors practise Hong Kong law; and

(b)

foreign lawyers will not be permitted to advise on Hong Kong law.

Not only will all foreign lawyers continue to be barred

in from practising within the statutory monopoly but, addition, the restrictions will be extended beyond the monopoly to cover, in effect, all areas of Hong Kong law. Moreover, any Hong Kong qualified solicitor in a foreign law firm will be required to be, or to be closely supervised by, a Hong Kong qualified solicitor of substantial experience and standing.