!
foreign
qualified lawyers. It takes into account the world trend to provide greater mobility for lawyers and to make available to clients global access to legal services. The policy recognises, in addition,
that any scheme seeking
to
achieve this goal must ensure the competency of all solicitors admitted to practice in Hong Kong.
those
At present, only
who have been admitted in the United Kingdom pursuant to section 4(1)(a)(ii) of the Legal Practitioners Ordinance, or
have been in
Government service as a solicitor pursuant to section 3 (1AB), or are teaching on the PCLL course pursuant to section 3 (1AD) can be admitted in Hong Kong without having completed the PCLL and two years of articles. Schedule I of the Ordinance specifies the jurisdictions in which foreign solicitors must qualify in order to be admitted under section 3 (1AB) and (1AD).* Furthermore only ten persons can be admitted under section 3 (1AB) in any 12 month period.
or
Under the proposed scheme lawyers from either a Common Law non-Common Law jurisdiction can qualify for admission in Hong Kong. A Common Law lawyer may be admitted upon a determination that his or her qualifications for admission in the home jurisdiction are equivalent to the LLB granted by a tertiary institution in Hong Kong and upon the successful completion of all or part of the Transfer Test. In the case of a non-Common Law lawyer with less than five years experience completion of the P.C.LL. and articles is required. Those with more than five years experience may be required to compete all parts of the Transfer Test. Generally, the parts of the Test which are required vary with the number of years of experience of the applicant (five years and more; fewer than five years) and whether the applicant has a Common Law or non-Common Law training. Furthermore, any applicant can seek an exemption from the whole or part of the Test.
The scheme contains Guidelines which the Committee regards as transitional and which will be reviewed should the GATS be approved, in order to ensure that they meet the requirements of the Agreement. Under the Guidelines lawyers currently admitted pursuant to section 4 (1) (a) (ii) of the Ordinance will continue to be admitted without examination. Lawyers who
fall within Schedule 1 jurisdictions and who have not worked in the Legal Department or are not teaching on the PCLL can qualify by successfully completing the Conveyancing, Professional Conduct and Accounts sections of the Transfer Test. Furthermore, the LLB/JD degrees from American Bar Association approved law schools or those which are members of the American Association of Law Schools will be deemed
2
No comments yet.
Private notes are available after approval.