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Letters | Solicitors’ role in Hong Kong’s rule of law mustn’t be seen as subordinate

Post readers discuss the part solicitors play in Hong Kong’s legal system, the importance of upholding judicial independence, and protecting workers’ rights

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Chief Justice Andrew Cheung inspects the ceremonial guard mounted by the Hong Kong Police Force at Edinburgh Place on January 20 ahead of his speech to mark the opening of the legal year. Photo: Dickson Li
Letters
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I refer to Chief Justice Andrew Cheung Kui-nung’s speech delivered at a ceremony to mark the start of the legal year on January 20. In his speech, he made specific reference to barristers as having “a special role as defenders of the rights and interests of their clients”.

After acknowledging the many contributions made by barristers to the rule of law, he called upon senior members of the bar to step up to serve on the bench when he addressed the urgent need to recruit “talented, experienced and principled practitioners from private practice”.

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I join the chief justice in acknowledging and thanking the bar for the many important contributions made to the legal and local community as a whole. However, members of the solicitors branch of the legal profession have been equally staunch defenders of the rule of law and made similarly large contributions to helping the courts administer justice. Their contributions should not be seen to be subordinate in nature.

Insofar as it relates to court work, there are at present more than 100 solicitor advocates – most of them senior members of the solicitors profession – who enjoy the same right of audience before all levels of courts, similar to that of barristers. Many of them have vast experience in court and arbitration appearances and advocacy work. Many are experienced arbitrators who decide complex commercial cases on a regular basis.

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Hong Kong laws do not exclude solicitors from being appointed to the High Court, District Court and Magistracy provided they possess the relevant post admission experience. Many solicitors have served as deputy magistrates, deputy district judges and deputy High Court judges over the years. Many have been appointed as full-time magistrates and District Court judges, and there are also High Court judges who come from the solicitors branch of the legal profession.

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