Hong Kong not so tough on foreign firms
My attention was caught by the resum of difficulties purportedly encountered by English firms wishing to practice in Hong Kong, (see [2000] Gazette, 11 May, 25).I do not know from where the information that there are 22 'English' firms in Hong Kong was derived.
A glance through the Hong Kong Law Society Law List for 1999 reveals 20 local firms the names of which your readers would recognise as English in origin and at least two other firms with slight local variations of such names.
There are also a large number of local firms which were established by local solicitors who originally practised in England, many of whom still hold English practising certificates.The important point is that none of the 22 firms is registered as foreign.
Contrary to the impression given, they are all Hong Kong solicitors' firms entitled to practise both local law and the law of any overseas jurisdiction within their competence.
The 22 firms together account for only 3.6% of our 617 local firms; nevertheless, they also account for 14.7% of our 4,652 practising members, and they employ 22.9% of our 538 registered foreign lawyers and 13.7% of unqualified employees.
This demonstrates the involvement of 'English' firms in local practice.
Of the 20 members of the Council of the Law Society of Hong Kong no fewer than three are from these 22 firms.There can be few, if any, jurisdictions where firms of English origin have been assimilated to such an extent.
Fewer still where the home jurisdiction has been so accommodating as to waive the rules applicable to the naming of local firms and thereby permit a minority group of practitioners the advantage of practising under the names of internationally known firms from other jurisdictions, with which the rules permit sharing of profit costs.Neither is this policy confined to English firms.
Another glance at the Law List reveals Hong Kong firms practising under the names of American, Australian and German firms, among others.
Legislation for registration of foreign lawyers and foreign law firms, drafted in anticipation of GATS and introduced in 1994, was possibly the first of its kind in the world.
It has proved an unqualified success.
A US International Trade Commission delegation to Asian jurisdictions had no criticisms of Hong Kong rules.
No comparable survey has been conducted by the British government.Registered foreign lawyers can advise on the law of their home jurisdiction and of any other overseas jurisdiction within their competence.
The only restriction is that they cannot advise on Hong Kong law, but even in England & Wales there are restrictions upon the activities of registered foreign lawyers.
The advantages of open provision of legal services have to be balanced against the protection of the public interest by ensuring competence in the fields of law in which advice can be offered.English firms aspiring to work in Hong Kong should not be disheartened.
For information about registration as a foreign lawyer or of a foreign firm or the establishment of a local firm, contact the Law Society of Kong Kong or download the information from our Web site ('Admission and Registration' section) at: www.hklawsoc.org.hk
R A Harrod, Director of Compliance, Law Society of Hong Kong
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