Editorial | Hong Kong must think hard before blurring line between barristers and solicitors
- Any major reforms must be approached cautiously and carefully to ensure high standards continue to be met and the rule of law is not undermined
The division of lawyers in Hong Kong into solicitors and barristers dates back to the early days of British rule. They generally have different responsibilities and are governed by separate rules. Each branch regulates itself.
At times, over the years, there have been calls for the distinction to be removed as in other parts of the world. But the split profession has survived.
One of the distinguishing features of barristers is that they, unlike solicitors, can be appointed Senior Counsel by the chief justice. This elevated status is given to a small minority. The “silks” are appointed in recognition of their ability, standing in the profession, experience and knowledge of the law.
Secretary for Justice Teresa Cheng Yeuk-wah is proposing a change to the law to make her department’s solicitors eligible to become Senior Counsel, too.
She argues it is unfair that solicitors employed by the government are unable to receive the honour, even if they are better performers than the barristers.
Cheng has been careful to stress that her proposal would only apply to government solicitors, not those in the private sector. They would have to give up their “silk” status if they left the department, she added.
