TNAG-1922-FCO40-2727-Future-of-the-judiciary-in-Hong-Kong-1989 — Page 91

CONFIDENTIAL

For information

(4.4.89

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INTRODUCTION

NOTE FOR EXECUTIVE COUNCIL

FOREIGN LAWYERS

On 26 July 1988, after

XCCI (89)31 23

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considering memorandum

XCC (88)107, the Council advised and the Acting Governor ordered-

(a)

(b)

(c)

(a)

(e)

that a statutory scheme under the control of the Chief Justice be devised to regulate foreign lawyers practising in Hong Kong. Details of this scheme should be formulated after due consultation with all interested parties;

to

that foreign lawyers who are permitted practise in Hong Kong should not be prevented from advising on the law of any other

jurisdiction;

that, subject to the disciplinary control of the Law Society, foreign law firms of high quality and reputation should be permitted to employ, or admit as partners, Hong Kong solicitors;

that the admission of foreign lawyers to practise as a solicitor or barrister in Hong Kong should not be

be based on motion without examination; and

that there should be no publicity for the time being.

A

B

BACKGROUND

2

Since the announcement of the proposal, the Law Society has launched and sustained a campaign of opposition aimed at the proposal to

to allow foreign law firms to take in Hong Kong solicitors as partners or employees. As part of that campaign, the Law Society has issued the publicity document at Annex A. One of the complaints of the Law Society has been that the Administration has failed adequately to consult them before the Council made its decision last July. Members will be aware that the Administration has published a Fact Sheet setting out the background and reasons for the proposals and indicating relevant trends in other jurisdictions. The Fact Sheet is at Annex B.

CONFIDENTIAL