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| According to a Herbert Smith e-bulletin released on 28 January 2010, litigants will soon be able to decide whether their case will be argued by a barrister or a solicitor-advocate in the higher courts of Hong Kong. The special administrative region’s Legislative Council has recently passed the Legal Practitioners (Amendment) Bill 2009, which will allow solicitors to apply for higher rights of audience in both civil and criminal proceedings before the Court of First Instance, Court of Appeal and Court of Final Appeal. Whilst at present a barrister must be instructed in most civil and criminal cases conducted before these courts, under the changes litigants are able to choose between instructing barristers or engaging suitably qualified solicitor-advocates (solicitors with at least five years’ post-qualification experience and who satisfy further eligibility requirements may apply to the Higher Rights Assessment Board for the higher rights of audience) to appear for them. The bulletin suggests that the potential benefits of utilising solicitor-advocates include a wider choice of talent, costs savings and enhanced service from solicitors. It is expected that the Higher Rights Assessment Board will be in a position to accept the first applications in around 12 months’ time. |
