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The question of higher rights of audience for solicitors is controversial and has far-
reaching implications for the long-term status of the Bar and the legal system as a
whole. It is a subject which plainly requires dialogue between the two branches of the
profession which appears so far not to have taken place. This was recognized by the
Hon Ms Margaret Ng, the Legislative Council member for the Legal Functional
Constituency, stating that her "preferred option" was that "legislation to provide for
higher rights of audience for solicitors should follow from amicable discussion
between both branches with the involvement of the bench".
The Bar's own position
is apparently in the course of being worked out. The Bar Chairman announced in May
2002 that the Bar's Special Committee on Higher Rights of Audience and its Special
Committee on Practice Reform and Development would be preparing an Interim
Report and Consultation Paper with a view to starting a consultation process within
the Bar.
That consultation process was reported to have been initiated in April
2003.
Consideration of higher rights of audience is therefore following its own
course.
In the meantime, solicitors' rights of audience were effectively widened in September
2000 when the general civil jurisdiction of the District Court (where they enjoy full
rights of audience) was increased to cover claims worth $600,000, the previous limit
having been set at $120,000. It was further widened when the District Court's general
civil jurisdiction was increased to cover claims for up to $1,000,000 with effect from 1
December 2003. It is, however, uncertain to what extent solicitors have availed or will
avail themselves of these greater rights of audience.
There is a further, and possibly more fundamental, objection to the abovementioned
criticism. The notion that either higher rights of audience or conditional fees
represents "an expedient way to reduce costs in civil litigation" is a gross over-
simplification. This is illustrated by two recent English decisions.
Notes
Letter to Law Society dated 3 May 2002 published in Newsletter 13 May 2002. See
Speech delivered at the ceremony for admission of new silks on May 11, 2002, Bar Association
website: www.hkba.org.
SCMP 19 April 2003.
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