TNAG-1922-FCO40-2727-Future-of-the-judiciary-in-Hong-Kong-1989 — Page 89

CONFIDENTIAL

FM HONG KONG

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OF 20100OZ APRIL 89

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INFO ROUTINE PEKING, UKREP JLG HONG KONG

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FOREIGN LAWYERS

THE PROPOSALS ON FOREIGN LAW FIRMS ANNOUNCED LAST AUGUST WERE THAT THE GOVERNMENT, IN CONSULTATION WITH THE LAW SOCIETY, WILL WORK OUT A STATUTORY SCHEME LAYING DOWN FORMAL CRITERIAL TO REGULATE THE ADMISSION OF SUCH FIRMS, THAT A SCHEME WILL BE DEVISED TO PUT SUCH

AND THAT FIRMS UNDER THE DISCIPLINARY CONTROL OF THE LAW SOCIETY, FOREIGN LAW FIRMS WILL BE PERMITTED TO TAKE IN, AS PARTNERS OR

PROPOSALS FOR SUCH EMPLOYEES, HK SOLICITORS WHO MAY PRACTISE HK LAW. SCHEMES HAVE NOW BEEN FORMULATED AND WE INTEND, SHORTLY, TO ISSUE A CONSULTATIVE DOCUMENT. THE LAW SOCIETY AND OTHERS WILL ALMOST CERTAINLY RENEW THEIR ROOTED OBJECTION TO FOREIGN LAW FIRMS BEING PERMITTED TO EMPLOY HK SOLICITORS OR TAKE THEM INTO PARTNERSHIP.

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THE CHINESE WERE BRIEFED EXTENSIVELY ON THE FOREIGN LAWYERS ISSUE IN SEPTEMBER LAST YEAR AFTER THEY MADE UNHELPFUL PUBLIC COMMENTS. WE EMPHASIZED THAT THE NEW ARRANGEMENTS DO NO REPRESENT ANY CHANGE EITHER TO THE JUDICIAL SYSTEM OR TO THE ESSENTIAL ELEMENTS

WE WOULD HOPE OF THE SYSTEM OF LEGAL PRACTICE IN HONG KONG. THEREFORE THAT THERE WOULD BE NO FURTHER PUBLIC COMMENT ON THE ISSUE FROM THEM. NEVERTHELESS, IN VIEW OF PREVIOUS CHINESE STATEMENTS, IT IS POSSIBLE THAT SECTORS OPPOSED TO THE PROPOSALS WILL LOBBY THE CHINESE JLG OFFICE TO LEND PUBLIC SUPPORT TO THEIR OBJECTIONS ONCE

AGAIN.

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WE AND UKREP THEREFORE SEE ADVANTAGE, BOTH TACTICALLY, AND AS A MATTER OF COURTESY, IN GIVING THE CHINESE AND ADVANCE COPY OF THE CONSULTATIVE DOCUMENT. IN HANDING OVER THE DOCUMENT UKREP JLG WOULD TAKE THE OPPORTUNITY OF MAKING CLEAR TO THE CHINESE THAT FURTHER PUBLIC COMMENT FROM THEM ON THIS ISSUE WOULD NOT BE APPROPRIATE.

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WE HAVE JUST LEARNT THAT THE LAW SOCIETY MIGHT LAUNCH SOME ACTIVITIES THAT COULD UNDERMINE OUR STRATEGY IN ISSUING THE CONSULTATIVE DOCUMENT. WE ARE THEREFORE ANXIOUS TO RELEAST THE DOCUMENT BEFORE ANY SUCH ACTIVITIES, POSSIBLY AS EARLY AS 27 APRIL.

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