TNAG-2438-FCO40-3543-Hong-Kong-judiciary-appointments-1992 — Page 112

(b)

(vi)

relates

to

an

existing or

taking

respect

prospective

and/or

legal proceeding;

instructions or giving advice with

to any matter which could involve any of the work described in (a) above, irrespective of whether or not it does so in

fact."

3.

This definition will have a number of exemptions. The Committee would not expect that the definition, with its exemptions, would materially affect currently accepted notions of what does and does not constitute

the practice of

law. Thus it is not the Committee's view that the practice of Patent or Trade Mark agents should fall within the definition.

Based on this fundamental concept of "the practice of law", the Scheme proceeds to regulate foreign lawyers, foreign law firms and associations by means of a registration process.

The

be

registration arrangements will, so far as possible, developed from existing practice for the regulation of local law firms, with a view to putting in place broadly comparable arrangements for all lawyers and law firms.

4.

The Scheme will provide that unless a foreign lawyer or foreign law firm is registered in accordance with the requirements of the Scheme, then that lawyer or law firm cannot, in Hong Kong, practise the law of any jurisdiction. Similarly, any associations in Hong Kong between local law firms and registered foreign law firms will be outlawed unless the association is itself

registered.

8