HONG KONG BAR ASSOCIATION
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allocation that is based only on past records of emigration. This appears to accord with the announcement of the Minister of State in Parliament when he states that "The decisive criteria will be the value of the individual's service to Hong Kong and the extent to which people in that category of employment are emigrating." I am sure you will agree that lawyers are amongst the least mobile in the professional and managerial sectors. Any lawyer is naturally reluctant to relocate because this would entail giving up his practice; in most instances he would be unlikely to be able to take up practice in a new country and at least only with difficulty. These factors have caused the numbers of lawyers emigrating from Hong Kong to be small in comparison to other professions for example accountants or engineers who clearly have the ability to be more mobile. Nonetheless, a recent survey has shown that lawyers are likely to leave Hong Kong in alarmingly large numbers between 1993 and 1997 unless they are given the right of abode in foreign countries. Under separate cover I am sending a copy of the survey report and hope it would be of assistance, I would draw your attention in particular to section III 5 of the Report and to chart 8 and the Tables 5, 9 and 10. If the survey proves to be correct instead of a gradual erosion of the profession what Hong Kong may experience may be a sudden collapse of the legal system immediately before 1997 for want of experienced lawyers.
On behalf of the Bar Association of Hong Kong I would ask that you do all in your power to ensure that at the very least the allocation of passports to lawyers under the package will give lawyers a full and just share and that there will be no reduction of the proportion to lawyers whether on the basis that in the past there has been a lack of emigration or otherwise.
Yours sincerely
Anther, Royer
Anthony Rogers, Q.C. Chairman
Encl.
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