Senior counsel bill to be gazetted
The Government will introduce an amendment bill into the Legislative Council to enable legal officers who are not barristers to be eligible for appointment as Senior Counsel upon satisfying the eligibility requirements.
The Department of Justice said the Legal Practitioners (Amendment) Bill 2021 will be gazetted on July 9 and be introduced into LegCo on July 14.
The department noted that there has always been no practical distinction between the duties of legal officers who are barristers and those who are not, and the proposal allows those who satisfy the substantive eligibility requirements but are not admitted as barristers to receive a fair recognition.
The proposal also aligns with the merit-based selection principle and is in the public interest.
It also does not affect any rights of the legal practitioners in the private sector, nor disturb the professional demarcation between the barristers' and solicitors' branches as legal services providers.
A non-barrister legal officer appointed as Senior Counsel is only entitled to use the title of Senior Counsel when holding office as a legal officer.
The department said it has briefed the Chief Justice and the legal sector on the legislative proposal, adding that the Law Society and some legal bodies have expressed clear support for the proposal.
The department will also continue to engage in further communication with the Bar Association with a view to addressing its concern.