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Consultation Paper on Solicitors' Rights of Audience
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The following is issued on behalf of the Judiciary:

     A consultation paper on solicitors' rights of audience was issued today (June 7) by the Working Party on Solicitors' Rights of Audience chaired by the Hon Mr Justice Bokhary, Permanent Judge of the Court of Final Appeal.  The Working Party includes judges of the Court of Appeal and of the Court of First Instance of the High Court, the Solicitor General, barristers, solicitors and a prominent member of the community serving as a lay member.  It was established by the Chief Justice to consider whether solicitors' existing rights of audience should be extended and, if so, by what mechanism such extended rights of audience should be granted.

     The consultation paper explains that the legal profession in Hong Kong is divided into barristers and solicitors.  In very broad terms, the principal distinction between them is that barristers specialise in advocacy and have unlimited rights of audience in the courts of Hong Kong while solicitors do not.  Solicitors do, however, have rights of audience in Magistrates' Court and the District Court and in chambers hearings in the Court of the First Instance of the High Court and in the Court of Appeal.  

     It is noted in the consultation paper that the arguments for and against the extension of solicitors' rights of audience have been debated for many years.  Put in broad terms, those arguments may be said to come down to the following:

* Those in favour of an extension of rights of audience argue that it will bring down the costs of litigation and increase the consumer's choice by enlarging the pool of competent advocates and increasing competition.

* Those against an extension of rights of audience argue that it will threaten the existence of the Bar and lower the overall standards of advocacy before the courts.

     As to its guiding principle, the Working Party said as follows.  Plainly the public interest is the sole criterion.  The public interest demands a high standard of advocacy before the courts.  And it is in the public interest to enlarge the pool of advocates capable of reaching that standard.  To that end, the talent for and interest in advocacy likely to be found in some solicitors should be tapped to enlarge that pool of advocates, provided that it can be done without creating an unacceptable risk to the sustainability of a separate referral Bar.  That proviso is made because the Bar has served Hong Kong well as the primary means by which the public demand for a high standard of advocacy is met and it is accordingly essential to maintain a strong Bar.

     Seeking the community's views on the various issues raised in the consultation paper, the Working Party has endeavoured to facilitate the gathering of such views by posing a number of specific questions.  These questions are set out in the consultation paper.  Copies of the consultation paper can be obtained from the Secretary to the Working Party on Solicitors' Rights of Audience, Room LG228, High Court, 38 Queensway, Hong Kong.

     The consultation period lasts until August 31, 2006.

Ends/Wednesday, June 7, 2006
Issued at HKT 16:02

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