༣
includes all English firms of solicitors with branches in
Hong Kong, as well as the two largest local firms of solicitors; and that solicitors who are partners in, or
employed by these firms, represent a significant proportion of-practising solicitors eligible to apply under the scheme.
He argues that practising barristers (of whom there are some
450 in Hong Kong and who are all self-employed), are
therefore placed at a disadvantage since they have to compete with solicitors in the Legal Professionals Group.
4. Mr Rogers claims that the need to remedy this anomaly is all the greater because the quota of successful applicants in the Legal Professionals Group is limited to only 185. Indeed the Legal Professionals quota was heavily
over-subscribed. The number of applicants under the first tranche (as at 11 March) was 1,251.
Argument
5.
The Hong Kong Government accept that barristers may be at a disadvantage in comparison with solicitors working for English firms and have agreed to refer this case to the
Governor's Steering Committee for advice. But the
preliminary advice of Hong Kong
Government and Home Office Legal Advisers is that
Mr Rogers' point cannot be met in the way he has suggested ie by allowing all practising barristers
who are members of the four London Inns of Court, to qualify for British links points. The main objections to this proposal are:
(a) that an Inn of Court does not come within the definition of a British undertaking in Article 7, which is limited to "a company or firm" which the Governor is satisfied has a close connection with the UK;
FABAPR/2
No comments yet.
Private notes are available after approval.