TNAG-2438-FCO40-3543-Hong-Kong-judiciary-appointments-1992 — Page 134

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3

(6)

(7)

(d)

Are not the provisions for Partner Qualifications too restrictive?

It was acknowledged that the proposals in the consultation paper were more restrictive than those in the existing guidelines. It was therefore decided that the requirements of the existing guidelines be incorporated into the scheme by way of amendment. further requirement was however added, that is, partners in foreign law firms must have at least 5 years post admission experience.

Jewkes & Partners' letter dated 19th August 1991

(a)

(b)

General

A

The letter is generally supportive of the proposals. Many of the concerns which the firm raised have also been raised by the U.S. law firms (see above). The Committee decided that Items 4 and 5 of the letter which commented on the criteria proposed for allowing foreign law firms to establish Hong Kong practices were helpful. Because these comments, as well as those in Item 6, were technical in nature, the Committee decided that the comments should be considered when the detailed drafting of the scheme

is undertaken.

Should an objective of the scheme not be stated as being to encourage foreign law firms to practise in Hong Kong using their own names (like English firms)?

The Consultation Paper outlined an approach different from the existing one. In the future both English and other foreign law firms which wished to establish local practices and use the name of the foreign or English firm will have to meet the same, criteria.

The Committee noted as well that the primary objective of the Proposals was already stated in paragraph 8 (page 2 and 3) of the Consultation Paper. It was felt unnecessary to add to this.

Conyers, Dill & Pearman's letter dated 29th August 1991

Will a lawyer who is temporarily seconded to a Hong Kong branch of a foreign firm have to be registered?

The Committee decided that a waiver from the registration requirements would be considered for foreign lawyers seconded to work in the Hong Kong office for short periods. This is mentioned in the Final Report.

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