Hong Kong’s justice minister mulling ‘senior counsel’ status for government lawyers

蘋果日報 2021/06/09 06:30


Legal officers working for the Hong Kong Department of Justice might soon be eligible for the prestigious title of senior counsel, which is usually reserved for experienced barristers.
Secretary for Justice Teresa Cheng is preparing legal amendments that will raise the status of lawyers working in her department, according to the Bar Council. The council manages the Hong Kong Bar Association, the professional regulatory body for barristers.
In a circular published on Tuesday, the council said it was inviting members to express their views by July 9. Cheng indicated that she wanted to seek the association’s support for the change, but had yet to send an official proposal in writing, the council added.
“The Bar Council considered that the proposal is of great importance and (if implemented) potential significant ramification upon the profession such that a wide consultation with all members is warranted,” it said.
Legal officers at the department include the secretary for justice, the director of public prosecutions, and prosecutors at all levels of seniority.
The definition of “legal officers” also includes the solicitor general, the law draftsman, law officers in charge of civil law matters, and their deputies and assistants.
Under existing rules, a lawyer working for the department can become senior counsel, but only if they are barristers to begin with.
The department confirmed to Apple Daily, without elaboration, that it was currently considering the proposal.
Senior Counsel Alan Leong, who is also chair of the Civic Party, described the proposal as “overbearing and obnoxious,” saying that it showed a disregard for the rules of the profession and muddled the distinction between barristers and solicitors.
“The Department of Justice is not even willing to ask their [legal officers] to switch career tracks. They will be eligible for senior counsel without completing pupillage or being vetted by the Bar Association,” Leong told Apple Daily.
He said barristers would typically need to practise for more than 10 years before they could be considered for appointment as senior counsel.
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