In Re Colin John Wright

HCMP002236/1994

IN THE SUPREME COURT OF HONG KONG

Miscellaneous Proceedings
No. 2236 of 1994

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Coram: Hon Yang, C.J. in Court

Date of hearing: 14 March 1995

Date of judgment: 22 March 1995

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J U D G M E N T

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Hon Yang, C.J.:

1. This is the applicant's second application for admission as a Barrister of the Supreme Court of Hong Kong under section 27(2)(b) of the Legal Practitioners Ordinance, Cap.159.

2. His first application was dismissed on 6 January 1993 (1992, No. MP3023). In that application, he asked the court to exercise its discretion under section 27(2)(b) on the basis that he was a specialist in maritime law and there was a shortage of specialists in that field in the Hong Kong Bar. It was held there that his experience with one firm of solicitors did not furnish him with the experience which the applicant claimed he possessed.

3. Since 1993 he has worked in another solicitors' firm and the Swedish Club. He has undoubtedly gained much experience in maritime work, but not as a barrister. Section 27(1A)(a) requires a non-Hong Kong resident to have practised as a barrister or advocate in the United Kingdom for at least three years. The applicant had had eleven months at the English Bar and 27 months at the New South Wales Bar. The law requires a non-resident to have a period of practice at the English Bar or as an advocate in Scotland in order (a) to give our local barristers an opportunity to find a place in this highly competitive profession and (b) that the practice in the United Kingdom might help to strengthen the local Bar.

4. Unless there are very exceptional circumstances, it is a little difficult to see how experience gained in occupations other than the barrister's or advocate's could help strengthen the local Bar.

5. Furthermore, whilst it may be said that there is a shortage of specialists in maritime law in the Hong Kong Bar, I cannot say our situation is so desperate that I ought to exercise my discretion in the applicant's favour.

6. I am prepared to accept, for the purpose of this application, that he has not been practising as a solicitor in Hong Kong.

7. Regrettably I must again refuse the application.

( T L Yang )

Chief Justice

Representation:

Mr John Griffiths, QC and Ms Mair'ead Rattigan (Ince & Co) for the Applicant

Mr Edward Chan, QC and Mr Felix H Pao (K. W. Kwan & Co) for Bar Association

Ms R Cheng of the Attorney General's Chambers for the Attorney General