TNAG-2438-FCO40-3543-Hong-Kong-judiciary-appointments-1992 — Page 142

"

L

A.

Introduction

1)

2)

3)

4)

These regulations and the Guidelines set out in the schedule have effect in relation to foreign legal practitioners applying for admission as solicitors in Hong Kong.

admission

The requirements for

in the jurisdictions listed in Part A of the Guidelines are, with two limited exceptions, deemed to be the equivalent of a LL.B. degree granted by a Hong Kong tertiary institution. Those applicants whose admission requirements are deemed so equivalent must pass all parts of the Transfer Test unless an exemption from the whole or part of the Test has been granted by the Law Society, either by way of standing exemption or otherwise.

and

All other applicants must apply to the Law Society seek a determination of whether their qualifications are the equivalent of a LL.B. degree granted by a Hong Kong tertiary institution. If the Law Society concludes that:-

(a)

(b)

the qualifications are equivalent, then applicants must pass or be exempted from the whole or part of the Transfer Test;

the qualifications are not equivalent, then applicants must comply with the relevant requirements of the scheme and must pass or be exempted from the whole or part of the Test.

In determining which parts of the Test must be passed by applicants whose qualifications are determined to be equivalent to a LL.B. granted by a Hong Kong tertiary institution, the Law Society will, if

it considers it appropriate, have regard to the similarity of laws and training between Hong Kong and those applicants' jurisdictions as well as those applicants' actual experience in

practice.

An

applicant who has been admitted in more than one jurisdiction will normally be assessed by reference to the jurisdiction in which he or she first completed all the required stages of professional training (e.g. LL.B., vocational course, articles and/or pupillage). The Law Society may consider an application based on admission in another jurisdiction only if the applicant has been in active practice in that jurisdiction for a significant period of time.

4