The SAR government earlier submitted the "Legal Practitioners (Amendment) Bill 2021" to the Legislative Council to allow "legal officers" who are not barristers working in the Department of Justice to be eligible for appointment as Senior Counsel. Today (25) The motion resumed its second reading debate in the Legislative Council, and was passed after the committee's deliberations and the third reading with the support of a majority of members.
A number of established legislators with legal backgrounds expressed their support, believing that "legal officials" with rich experience and professional knowledge can be treated fairly and given their due titles.
However, the relevant proposal has not been able to win the support of the Bar Association. Zheng Ruohua emphasized that "legal officers" are subject to strict regulations to become senior barristers. They need to be recognized by the Chief Justice of the Court of Final Appeal and are only applicable to incumbent legal officers. Not for life.
The DAB Legislative Council Member Zhou Hao Ting believes that the amendment is a fairly "fair" arrangement, which will allow the Department of Justice to retain more talents.
(Photo by Liang Pengwei)
Zhou Haiding
The DAB member Zhou Hao-ting, who is a lawyer, pointed out that many "legal officers" working in the Department of Justice are solicitors. They have many years of work experience and legal expertise and think that the amendment is a fairly "fair" arrangement. , Can make the Department of Justice retain more talents.
Zhou Haoding was dissatisfied with the earlier criticisms by the Bar Association that the amendment might devalue the status of a barrister, thinking that this statement would seriously undermine the status of a solicitor.
He refuted that the Bar Association has been constantly "engaging in politics" in recent years, and that it is a true association that has been "selling dog meat" for a long time.
He emphasized that all legal officers will be supervised by the Law Society, and promotion needs to follow the same procedures as in the past.
Zhang Guojun said that friends who work as lawyers in the Department of Justice, like barristers, have to deal with litigation cases every day, and the work content is no different from that of barristers, emphasizing that they are absolutely qualified to become senior barristers.
(Photo by Liang Pengwei)
Zhang Guojun: The case and the lawyer only represent different professional directions
The DAB member Zhang Guojun, who is also a solicitor, said that many people are not clear about the difference between "lawyer" and "barrister" and believe that the society has long misunderstood that "barristers" are more advanced than solicitors, but this is not the case. He described a solicitor as a clinic doctor who deals with a relatively wide range of illnesses, referring patients to a specialist when necessary, just like a solicitor referring a case that requires litigation to a barrister for handling.
There is no difference in ability between the two, but a different professional direction.
He added that solicitors who work in the Department of Justice are just like barristers. They have to deal with litigation cases every day. The work content is no different from that of barristers. They are absolutely qualified to become senior barristers.
He Junyao: Unfair to solicitors in the original system
He Junyao, a former president of the Law Society, said that the amendments involved the issue of "status of the rivers and lakes". He emphasized that he had worked in the legal profession for many years and believed that the authorities should employ people on their merits. It's not fair. The plan to assign titles to solicitors is to make them more suitable for their job nature and professional status.
He criticized the Department of Justice for the unfairness of long-term lawyers in the past, and the current amendments have finally brought improvements in their treatment. He hoped that the Department of Justice should hand in the score sheet after gaining support from members to expedite the prosecution of illegal activities.
Legislative Council Member Xie Weijun pointed out that the relevant laws of the SAR government are still strict and backward, which makes many people in the community unable to distinguish the difference between different lawyers.
In the future, Hong Kong's integration into the country's development requires more exchanges and contacts with the Mainland. He hopes that these backward laws can be reformed and become more open, so that Hong Kong can better integrate into the overall development situation, so as to avoid unnecessary disputes.
Zheng Ruohua stated that he has written to the Bar Association on different occasions and three times to respond to their concerns about the proposal.
(Photo by Liang Pengwei)
Zheng Ruohua: The bill only involves simple amendments to the provisions but is of great significance
The Secretary for Justice Cheng Ruohua said that he has consulted the Judicial and Legal Affairs Committee. The Panel has expressed support for the proposed amendments. The Law Society of Hong Kong and many legal organizations have clearly stated that they support the proposal. Although the Bar Association opposed it, she It has sent letters to the Bar Association on different occasions and three times to respond to some people's concerns about the proposal. However, the Bar Association did not make additional follow-ups afterwards.
She emphasized that the requirements and qualifications for legal officers to become Senior Counsel after the amendments are also strictly regulated. Applicants need to meet the requirements of item (2) (3) of 31A of the Legal Practitioners Ordinance—that is, Obtained by the Chief Judge of the Court of Final Appeal that the barrister or legal officer has sufficient ability, prestige and knowledge to become a senior barrister, and has no less than 10 years of professional experience.
Zheng Ruohua pointed out that he understands the title of Senior Counsel, which represents the outstanding achievements of the industry and society affirming the appointment. Generally speaking, it is a life-long tenure. In order to avoid disturbing the private market's professional division of practising barristers and lawyers, after making a balance, the arrangement is only Will apply to incumbent legal officers.
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