The Working Party on Solicitors' Rights of Audience has proposed legislating as the appropriate means to provide the framework for granting higher rights of audience to solicitors.

Releasing the working party's report today, the Judiciary said the Chief Justice has accepted its recommendations. It has been sent to the Secretary for Justice for consideration.

The Chief Justice formed the working party in 2004 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.

Other recommendations

Other recommendations include:

* applicants for higher rights of audience must have five years' post-qualification practice of which at least two years must have been in Hong Kong;

* the three years immediately preceding the application must include what an assessment board considers to be sufficient litigation experience, with the greatest weight being given to actual advocacy;

* successful applicants should be granted higher rights of audience for civil and criminal proceedings;

* a Higher Rights Assessment Board chaired by a senior judge should be established. Members should include two experienced Judiciary members, three litigation solicitors, three Senior Counsel, one member from a panel of people not connected with the practice of law, and a Department of Justice Law Officer or Deputy Law Officer;

* application for higher rights of audience should be made to the Law Society's Council, which will review it and recommend for rejection or grant to the Assessment Board;

* successful applicants should be issued with a Higher Rights Qualification Certificate by the Law Society's Council, which must maintain a register of those granted certificates; and,

* the Law Society's Council will be responsible for the conduct and discipline of solicitor-advocates.

The working party issued a consultation paper in May 2006 and received 260 responses mainly from the legal profession. An overwhelming majority favoured extending higher rights of audience to suitably qualified solicitors. Applying a limit to the number, areas of law, or types of proceedings of such solicitors is strongly opposed.

Click here for the report.