CONFIDENTIAL
FM UKREP JLG HONG KONG
TO IMMEDIATE FCO
TELNO 28
CONFIDENTIAL
HKC 012/1
OF 29030OZ JANUARY 92
INFO PRIORITY PEKING, HONG KONG
044323
MDHIAN 1053
TOP COPY
CmQ DIST?
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LUNCH WITH GUO AND LUO: FOREIGN LAWYERS AND FOREIGN LAW FIRMS
1. I SAID THAT GUO MIGHT BE INTERESTED TO KNOW OF RECENT PROPOSALS WHICH THE LAW SOCIETY HAD MADE ON (A) THE REGULATION OF FOREIGN LAWYERS AND FOREIGN LAW FIRMS IN HONG KONG AND (B) THE ADMISSION OF NON HONG KONG QUALIFIED LAWYERS TO PRACTISE IN HONG KONG.
2-
AFTER REMINDING HIM OF THE PRESENT SITUATION (FOREIGN LAW FIRMS CANNOT PRACTISE HONG KONG LAW), I SAID THAT THE LAW SOCIETY PROPOSED THAT WHILE FOREIGN LAW FIRMS COULD NOT EMPLOY OR JOIN INTO PARTNERSHIP WITH A HONG KONG SOLICITOR TO PRACTICE HONG KONG LAW, THEY COULD IN FUTURE ENTER INTO AN ASSOCIATION WITH A LOCAL FIRM AND SHARE FEES, PREMISES, RESOURCES AND PERSONNEL: AND THAT A REGISTERED FOREIGN FIRM COULD AFTER 3 YEARS ESTABLISH A HONG KONG PRACTICE AND PRACTISE HONG KONG LAW, BUT MUST USE HONG KONG QUALIFIED SOLICITORS.
3.
I SAID THAT ON THE ADMISSION OF NON HONG KONG QUALIFIED LAWYERS, THE LAW SOCIETY PROPOSED TO REPLACE EXISTING RESTRICTIONS ON THE ADMISSION OF NON HONG KONG QUALIFIED LAWYERS WITH OBJECTIVE, NON DISCRIMINATORY CRITERIA. AT PRESENT, ADMISSION WAS RESTRICTED TO LOCALLY QUALIFIED RESIDENTS OR SOLICITORS QUALIFIED IN THE UK. IN FUTURE ALL FOREIGN LAWYERS (INCLUDING UK ONES) WISHING TO BE ADMITTED TO HONG KONG WOULD BE SUBJECT TO A TRANSFER TEST
ADMINISTERED BY THE LAW SOCIETY TO ASCERTAIN THEIR COMPETENCE TO
PRACTISE HONG KONG LAW.
4. I SAID THAT THE HKG HAD DECIDED TO ACCEPT THOSE PROPOSALS, AND PLANNED TO AMEND THE LEGAL PRACTITIONERS ORDINANCE ACCORDINGLY IN DUE COURSE. THE PROPOSALS WOULD PROMOTE THE AVAILABILITY OF LEGAL ADVICE FROM DIFFERENT JURISDICTIONS BY ENABLING FOREIGN AND HONG
KONG LAW FIRMS TO WORK TOGETHER AND THEY WOULD HELP TO ENHANCE HONG
KONG'S POSITION AS A LEADING REGIONAL CENTRE FOR FINANCE AND LEGAL ADVICE.
5. GUO SAID THAT THE CHINESE SIDE WOULD BE GUIDED BY THE VIEWS OF
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