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Following is a question by the Hon Yeung Yiu-chung and a reply by the Secretary for Justice, Ms Elsie Leung in the Legislative Council today (Wednesday):
Question :
Regarding the quality and number of practising solicitors and barristers in Hong Kong as well as the fees they charge, will the Government inform this Council if it knows:
(a) the respective numbers of students who graduated with various classes of honours degrees from the Faculty of Law in the University of Hong Kong and the School of Law in the City University of Hong Kong in each of the past three years, and among these graduates, the respective numbers of those practising as solicitors and barristers;
(b) the respective numbers of law firms in Hong Kong with practising solicitors numbering over 20, between 10 to 19, between five to nine, and less than four; and
(c) the respective numbers of cases in which the public hired practising solicitors and barristers in the past year, together with the respective highest, lowest and average amounts of fees charged in those cases; how the respective average fees compare with those charged by their counterparts in South Africa and the United Kingdom?
Reply :
Madam President,
This question is in three parts.
(a) The first part requests statistics in respect of local law graduates. The numbers of students who graduated from the two local law faculties, and the classes of degree obtained by them, in each of the past three years are set out in a table annexed to the written copy of this reply, which has been supplied to members.
In order for those law graduates to practise as solicitors or barristers, they will first need to obtain the PCLL (which takes a minimum of one year), and then to undertake either a two-year traineeship to practise as a solicitor, or a one-year pupillage to practise as a barrister. One cannot therefore, at this stage, produce meaningful statistics as to how many of those graduating in the past three years are practising as solicitors or barristers. However, on the basis of past experience, it can be assumed that over 90% of these law graduates will qualify as solicitors or barristers.
(b) The answer to the second part of the question, according to statistics contained in the Law Society Annual Report for 1998, is that there are 5 firms with more than 20 partners, 16 with 11 to 20 partners, 37 with 6 to 10 partners, and 525 with five or fewer partners. I know these figures may not be exactly what the Honourable Member wants, but because the Law Society does not have the number readily available, we have to approach some six hundred law firms to obtain the figures. We shall inform the Honourable Members of the statistics when available.
(c) With regard to the third part of the question, neither the Law Society nor the Bar Association have any record of the numbers of cases in which the public hired practising solicitors and barristers in the past year.
I am advised that the Law Society does not have any record as to "the highest, lowest and average amounts of fees charged" by solicitors.
The Bar Association has recently conducted a survey on the level of fees normally charged by barristers. I have been informed that the results of the survey will be set out in a press release of the Bar Association, which will be released in the near future.
A recent survey of the fees of Senior Counsel conducted by the Bar Association indicate that the majority of those who responded (72.7%) charge a daily fee of $40,000 to $60,000, and the rest charged a daily fee of $65,000 or above. The majority (54.5%) charge an hourly rate of between $4,000 to $6,000; 11.4% charge an hourly rate of $8,000 or above; and the rest between $6,000 and $8,000.
According to data gathered by the Civil Division of my Department between 1 October 1997 to 31 March 1999, Senior Counsel engaged by that division charged an average daily refresher rate of $53,368 and an average hourly rate of $6,088. Queen's Counsel from England hired by the Civil Division of my Department charged an average daily refresher rate of approximately $35,000 (¢G2,748.90) and an hourly rate of approximately HK$4,900 (¢G385.70). The daily refresher rate charged by English Queen's Counsel hired by my department was on average 34% less than that charged by their Hong Kong counterparts, and the hourly rate 19.5% less. However, these figures do not take into account passages and hotel accommodation which must be provided to overseas counsel in addition to their fees.
Apart from these fees for English counsel, I have been unable in the time available to obtain any data in respect of the legal fees charged in South Africa and the United Kingdom.
End/Wednesday, June 9, 1999
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