How can a UK lawyer work in Hong Kong?

Dec 11, 2022

Written By Lauren Ainscough

A key international financial hub that boasts a bustling legal services market, Hong Kong is a financial capital where many international law firms seek to establish a presence. Anyone wishing to work as a lawyer in Hong Kong (or advise on Hong Kong law) must have first been admitted as a lawyer there. So how can a UK lawyer go about working in Hong Kong?

Overview

One way in which a UK lawyer can work in Hong Kong is for them to qualify as a lawyer there, enabling them to practise and advise on Hong Kong law. As is the case in the UK, Hong Kong has two categories of lawyers: solicitors and barristers. There are two routes to qualifying within each category, namely the ‘training contract (for solicitors)/ pupillage (for barristers)’ route and the ‘overseas lawyer’ route. The first is mainly relevant for those who have completed a degree but not yet qualified as a lawyer in any jurisdiction whilst the latter is applicable to lawyers who are already qualified (in either England and Wales or Scotland). It is this latter route which we will focus on.

Another way in which a UK lawyer can work in Hong Kong is for them to become a ‘registered foreign lawyer’. In brief, this status allows a lawyer qualified in a different jurisdiction (such as England and Wales) to practise the law of their jurisdiction in Hong Kong. However, unlike a lawyer admitted as a solicitor or barrister in Hong Kong, however, they are prohibited from practising the law of Hong Kong.

The ’overseas lawyer’ route for solicitors

A key step for a solicitor qualified in the UK in being admitted as a solicitor in Hong Kong is passing the Overseas Lawyers Qualification Examination (OLQE). All jurisdictions within the UK are regarded as common law jurisdictions for admission purposes (as clarified by the Law Society of Hong Kong- LSHK). Thus, UK solicitors must have had at least two years of experience practising the law of England and Wales or Scotland and be of ‘good standing’ in their jurisdiction (generally meaning that a solicitor has complied with all their obligations ) to be eligible to sit the OLQE.

The OLQE is held each year in Hong Kong and consists of five ‘Written Heads’, essentially exams in five different subjects (including Civil and Criminal Procedure and Commercial and Company Law). The Examination is set at the standard of someone who has completed a Hong Kong law degree, Hong Kong’s professional training course (PCLL) and a two-year training contract.

Having passed the OLQE, UK lawyers must meet further residency criteria (outlined on the LSHK’s website ) in order to be fully eligible to apply for admission as a solicitor in Hong Kong, such as having an intention to reside there for at least three months immediately after they have been admitted. Having surpassed these hurdles, a UK lawyer is then in a position to apply for a certificate of eligibility for admission and eventually be admitted as a solicitor in Hong Kong.

The ‘overseas lawyer’ route for barristers

Any barristers that are qualified in any UK jurisdiction must have been practising in England or Wales for at least three years and be a person of ‘good standing’ in their jurisdiction before they can apply for a certificate of eligibility for admission as a barrister in Hong Kong.

UK barristers must then sit and pass the Barristers Qualification Examination (BQE) which is held at least once a year. The BQE is divided into 5 papers, including subjects such as Contract and Tort (Paper 1) and Criminal Law, Procedure and Evidence (Paper 3).

After completing the BQE, candidates must then apply for and complete no less than 6 months of approved pupillage, during which the UK barrister will hold a certificate that grants them limited rights of practice.

Upon completing this period of pupillage and having applied for a certificate of qualification for admission, the UK barrister can then be issued with a full practising certificate which enables them to practise without restriction as a barrister in Hong Kong.

Registered foreign lawyers

As noted, a UK lawyer is able to become a registered foreign lawyer in Hong Kong which, although not allowing them to practise the law of Hong Kong, enables them to offer services relating to the law of their own jurisdiction whilst in Hong Kong. An application for such status can be done pending admittance as a Hong Kong solicitor.

UK lawyers who wish to work in Hong Kong as registered foreign lawyers must register with the Law Society of Hong Kong. The LSHK requires prospective foreign lawyers from the UK to have at least two years of post-qualification experience in English & Welsh or Scots Law. If this is not satisfied, the UK lawyer’s registration may be subject to a supervision requirement.

Before they can work as a barrister in Hong Kong an overseas barrister must first be admitted to the Hong Kong Bar. However, an overseas barrister may be granted admission by the Hong Kong High Court for a particular case if and when the Court allows.

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