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HCMP005490/2000
HCMP5490/2000
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
MISCELLANEOUS PROCEEDINGS NO.5490 OF 2000
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IN THE MATTER OF AN APPLICATION BY NIGEL PLEMING Q.C. TO BE APPROVED, ADMITTED AND ENROLLED AS A BARRISTER OF THE HIGH COURT OF HONG KONG FOR THE PURPOSE OF A PARTICULAR CASE
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IN THE MATTER OF THE LEGAL PRACTITIONERS ORDINANCE CAP.159
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Coram: Hon Cheung J in Court
Date of Hearing: 8 November 2000
Date of Decision: 8 November 2000
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D E C I S I O N
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1. The principles and guidelines for the admission of overseas counsel are set out in the decision of Chan CJHC, (as he then was) in Re. Flesch QC & Another [1999] 1 HKLRD 506. It is held at page 513 that it is in the public interest to develop our own jurisprudence which can enjoy international recognition and reputation, overseas counsel with sufficiently high quality and standing may be admitted to appear in our courts in cases involving the determination of legal principles which may have an impact on the development of our jurisprudence. Such cases would be cases which, quite apart from the size of their claims, are likely to eventually reach the Court of Final Appeal for a determination of some principles of law.
2. One of the anticipated issues in the present case is whether the decision of the Housing Authority to remove the applicant in the judicial review from its list of contractors is amenable to judicial review. The terms of the World Trade Organisation ("WTO") Agreement on Public Procurement will have a direct impact on this issue. Hong Kong is a party to the Agreement. This point has not been litigated in Hong Kong before. Mr Pleming QC is a specialist in public law and has experience of procurement and tendering cases in the UK. Many of the WTO rules have been implemented in the UK because of its membership with the European Community. The Hong Kong Government has also introduced rules on the WTO. The application of such rules in the present judicial review case obviously will have an impact in the development on our jurisprudence. Clearly this is an area in which Mr Pleming's expertise is required.
3. In applications of this type, each case must be looked at individually. The case of Re A Barrister [2000] 2 HKLRD 752 referred to by Mr Harris, acting for the Bar Association, is a decision based on its own facts. The basis for admission in this case is obviously different.
4. In my view, this is an appropriate case for the admission of Mr Pleming.
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(P. Cheung) |
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Judge of the Court of First Instance,
High Court |
Representation:
Mr Philip Dykes, SC, instructed by Messrs Baker & McKenzie, for the Applicant
Mr Jonathan Harris and Miss Catrina Lam, instructed by Messrs Anthony Chiang & Partners, for the Council of the Hong Kong Bar Association
Mr Nicholas Cooney, SGC of Department of Justice
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