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Following is the speech delivered by the Secretary for Justice, Ms Elsie Leung, at the Farewell Reception of the Inter-Pacific Bar Association Conference 2002 today (May 6):

Mr Miyake, Ms Vivien Chan, honoured guests, ladies and gentlemen,

A warm welcome to this Farewell Reception of the IPBA Conference 2002. I am honoured to be invited to say a few words at the conclusion of this great gathering of lawyers from the Asia-Pacific Region.

Challenges of the 21st century

The 21st century has been hailed as the Pacific Century. China's recent accession to the WTO is a sign that this will indeed be the case. Lawyers on both sides of the Pacific face momentous opportunities and challenges.

As the pre-eminent organisation of business lawyers in the Asia-Pacific Region, the IPBA is to be congratulated on its success in bringing together lawyers with an interest in the region. This not only serves to promote better understanding and networks, but also to increase vital legal knowledge and practice skills.

As trade in goods and services becomes increasingly globalized, the issues faced by lawyers in different jurisdictions are becoming increasingly similar.

Women lawyers

One particular issue that confronts the profession everywhere was discussed at this Conference, namely how to achieve success as a women business lawyer. If anyone doubts that women face particular difficulties, let me remind you of some history.

In 1909, the British House of Lords held that women graduates were not entitled to vote at the election of a Member of Parliament for their university. The House of Lords held that a "person ... of full age and not subject to any legal incapacity" did not include a woman!

The English Solicitors Act 1843 provided that any "person" who complied with certain conditions was entitled to be admitted to the profession. The Act specifically provided that words importing the masculine gender were to apply to a female. Nevertheless in 1913, the Court of Appeal held that the Law Society was entitled to refuse to admit a woman to their preliminary examination on the ground of her sex. The reasoning of the court was that, prior to 1843 women had no right to become solicitors, and there was nothing in the 1843 Act to suggest that Parliament had intended to remove such a disability.

When I looked for articled clerkship in the early 1960s I had no connection with the legal profession. It was therefore difficult for me to find a principal. The one I hoped would take me on told me this : "I never thought of taking in female articled clerks. Female articled clerks would disappear into the ladies' room to powder their noses, or slip away to do shopping. They are not serious about the profession. If you do not pass your examinations, you end up being good for nothing. To make yourself useful, you had better go to learn short-hand and typing so that if you do not succeed in being a solicitor, at least you have some secretariat skills. Come back after you have done so and I will reconsider." I did, and he took me in. I was determined to take the profession seriously and not to be a good-for-nothing person.

Fortunately, the prospects for women lawyers in Hong Kong are much better now than when I entered the profession. Currently about 60% of local law students are female. 38% of practicising solicitors and 22% of junior barristers are female. But when it comes to partners in solicitors firms and Senior Counsel, only 21% and 7% respectively are female. Clearly there is no room for complacency.

I recently attended the World Women Lawyers Conference organised by the International Bar Association in London. I was asked whether a quota system should be introduced in order to make women more equal with men. My response was : in Hong Kong, we have gone beyond the quota stage and would strive for excellence on our merits rather than for preferential treatment. I also believe that the best way to promote women's rights is to work in partnership with men, so that we do not rely on half the sky but on the whole of the sky for the progress of women's rights as part of human rights.

Challenges for all lawyers

Many of the challenges facing our profession today apply equally to men and women - globalisation, WTO compliance, and the development of information technology to name just a few. The legal issues arising from these developments are highly complex and rapidly changing. Here in Hong Kong, we are determined that future generations of lawyers will be equipped to deal with such complexity and change.

Legal education

As our Chief Executive explained in his Opening Address, we are conducting a comprehensive review of all stages of legal education and training. The consultancy report states that -

"A hallmark of a legal profession capable of meeting the challenges of legal practice and the needs of society into the 21st century is its commitment to lifelong learning."

The IPBA is to be congratulated for contributing to the lifelong learning process through its many activities. And all of you here this evening are to be congratulated for your personal commitment to that process by attending this Conference!

We are now beginning to reform our legal education and training. There is close co-operation between the law faculties, the two professional bodies and the government. I have no doubt that we will succeed in continuing to produce lawyers in Hong Kong who can compete with the best in the world.

Other Reforms

There are other initiatives we are taking to improve our legal services. For example, the Chief Justice has established a Working Party on Civil Justice Reform, which has produced a thorough and thought-provoking Interim Report and Consultative Paper. Its proposals seek to improve access to justice by making our civil justice system more cost-effective and speedy.

Hong Kong is determined to have a legal system that not only meets the rising expectations of the community, but also offers world-class legal services to international businessmen and investors. With our location, our cultural and linguistic ties with the Mainland, and excellent infrastructure, Hong Kong is the perfect base for entering Chinese markets, including the legal market. And with our much-praised International Arbitration Centre and Judiciary, Hong Kong offers the perfect facilities for the resolution of disputes arising in the Mainland.

Conclusion

In conclusion, I hope that you will forgive me for this blatant advertising. I hope that you will enjoy the rest of this Farewell Reception. And I hope that you will all leave the Conference with the "feel-good factor" that we all search for.

Thank you.

End/Monday, May 6, 2002

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