E.R.
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The merits of the bar's case seem strong at first sight. They may also be a rather risky occupational group to antagonise particularly if some of the other organisations which have been accepted as meriting British links points are rather borderline cases. Having said that, the fact that an individual is a member of a British Inn or was called to the bar in the UK may not mean that they in fact have any continuing connection with the UK. They may or may not represent some British clients. Certainly, while working in Hong Kong as a barrister, they are employed on their own account and are not furthering UK interests in the same way as, for example, a solicitor in the HK branch of a British firm. (The distinction may be less clear if other firms of solicitors, with no substantial continuing links with the UK, have in fact been accepted by the Governor as sufficiently connected to merit points under Article 16.) It is also difficult to distinguish the barristers' case from that of other self-employed people, who may for example conduct substantial trade with the UK, but who will not get British links points under the scheme.
5.
In summary, I do not think the Bar Association's point can be met within the terms of Article 16. If some accommodation is to be made for them, Article 14 seems the only possible avenue. It would be an unusual use of that power in that the Governor would be awarding points for British connections not covered by Article 16 under a power designed to deal with the importance of professional qualifications.
1 March 1991
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Rosemary Davill
ROSEMARY DAVIES
Legal Adviser's Branch
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