RESTRICTED
17
(b)
(c)
(a)
(b)
(c)
(d)
(e)
regulate associations between foreign and local firms;
and
permit foreign firms to establish Hong Kong law practices.
The essential features of the Report are -
foreign lawyers and foreign law firms must register with the Law Society;
they can only practise the law of their home jurisdiction or that of a third country;
they can not employ or join into partnership with a Hong Kong solicitor to practise Hong Kong law;
a registered foreign firm will be able to enter into an association with a local firm. The ratio of foreign lawyers to local lawyers in the association would not be allowed to exceed 1:1. The association would be able to share fees, premises, resources and personnel; and
a registered foreign firm which has practised in Hong Kong for 3 years will be able to establish a Hong Kong practice and practise Hong Kong law, while using its foreign law firm's name. All the persons who are to practise Hong Kong law must be qualified Hong Kong solicitors.
XCR(92)11
18
The proposal in paragraph 17(a), for the Law Society to oversee the registration of foreign lawyers and foreign law firms, departs from the earlier decision of the Council on 26 July 1988 that the regulation of foreign lawyers must be under the control of the Chief Justice [paragraph 10(a)]. We believe that the Law Society's proposal is acceptable for the following reasons -
(a) unlike local lawyers who practise Hong Kong law, foreign lawyers are not officers of the High Court, and therefore, it is not necessary for the Chief Justice to oversee their registration;
Executive Council
No comments yet.
Private notes are available after approval.