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B. ESSENTIAL FEATURES OF THE PROPOSED SCHEME
1.
2.
The proposed Scheme will regulate:
the practice of law in Hong Kong by foreign lawyers and foreign law firms;
the employment of foreign lawyers by Hong Kong law firms;
the employment of Hong Kong solicitors by foreign lawyers and foreign law firms;
the basis upon which Hong Kong law firms and foreign law firms may form associations with each
other; and
the basis upon which foreign law firms may become eligible to practise Hong Kong law.
Central to the proposed Scheme is the concept of "the practice of law" since it is that activity which it is sought to regulate.
A working definition of that concept has been developed, as follows:-
"A person or firm will be treated for the purposes of the Scheme as practising the law of a particular jurisdiction if the activities in question, having regard to all the circumstances
of the
can properly be regarded as activities customarily performed by persons who are entitled, under the laws of that jurisdiction, to hold themselves out as qualified to advise on the laws of such jurisdiction.
case,
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