TNAG-2438-FCO40-3543-Hong-Kong-judiciary-appointments-1992 — Page 143

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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B.

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A

Committee of the Law Society will have the power to evaluate qualifications in order to determine whether there is equivalence and to exempt an applicant from any or all of the educational and training requirements of the Scheme. Part B of the Guidelines contain the present standing exemptions from the educational requirements of

the Scheme.

Criteria will be established by the Law Society for the granting of exemptions. The criteria will be designed to facilitate the admission of foreign lawyers rather than impede their admission.

The Law Society will take into account for the purposes of admission, written and spoken proficiency in the language of the Supreme Court of Hong Kong.

A residency requirement will be imposed on those solicitors who qualify for admission under the scheme. The Legal Practitioners Ordinance will be amended to take into account the admission of non-Commonwealth citizens.

Structure of the Scheme

The Scheme distinguishes amongst legal practitioners on the basis of their affinity, through training and practice, with jurisdictions which follow the Common Law tradition.

The Scheme's between those

requirements do this by distinguishing with and those without a Common Law training and in each case prescribe different requirements by reference to the number of years of

active practice.

Details of the various requirements are set out below, which should be read in conjunction with the

Guidelines.

Category 1 Common Law Jurisdictions

A :

Legal Practitioners with less than 5 years active practice

1. Practitioners who have been admitted to practice in a jurisdiction where the law is substantially based upon the Common Law and who have completed the following:-

a)

an LL.B. degree course or other course of study which leads to the award of a qualification which is substantially equivalent to that granted by a

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