TNAG-2438-FCO40-3543-Hong-Kong-judiciary-appointments-1992 — Page 132

(1)

(2) & (3)

Attorney General's Chambers letter dated 16th July 1991

(a) Will a Final Report be issued?

(b)

(c)

(d)

Note:

The Regulation of Foreign Lawyers Committee is reviewing the responses to the consultation papers and considering appropriate revisions. Recommendations will be made to Council and, once Council approves, a final report will be issued.

Should not both foreign lawyers and foreign law firms be registered by the High Court?

No. In a change from the original proposals, the Committee decided that the Law Society should be responsible for registering both foreign lawyers and law firms. Because foreign lawyers are not officers of the Court, there is no need for them to be registered by the High Court.

Will foreign lawyers' practice of the law of a third jurisdiction be subject to registration?

No.

The Committee has no objection to foreign lawyers and law firms practising the law of a third jurisdiction, so long as they are competent to do so. This matter will fall within the code of ethics which will apply both to foreign and Hong Kong lawyers. Otherwise no separate registration is required.

What about foreign lawyers who advise on PRC law?

Because foreign lawyers and foreign law firms will be able to advise on the law of a third jurisdiction, those who advise on PRC law and who are not qualified to practise in China must still be registered as foreign lawyers based upon qualification in their home jurisdiction. Otherwise (c) above applies.

In discussing the response to the Attorney General the Committee raised a number of points. If the Law Society is going to regulate registration it might be necessary to grant foreign lawyers some status within the Society. Situations might arise in which foreign lawyers may wish to make representations before the Law Society. Foreign lawyers would not have to be full voting members but might have the status of non-voting members. The Law Society might also wish to establish a committee which would represent the interest of foreign lawyers.

Deirdre A. Moran and Romulo's letters dated 2nd September 1991 and 30th August 1991

Both Deirdre A. Moran and Romulo's letters have been referred to the Foreign Lawyers Accreditation Sub-Committee for consideration.