Although the system being used by the Hong Kong Law Society for approving foreign lawyers was not what was contemplated by the legislation, the Hong Kong Court of Final Appeal has accepted its validity. The Legal Practitioners Ordinance clearly contemplates that the Law Society should assess whether an applicant to be admitted as a solicitor in Hong Kong has the necessary qualifications (largely practical experience) before issuing a certificate stating which further examinations the applicant must pass before being admitted. However, the Law Society had begun a system, which it deemed to be more flexible because the exams were only carried out once a year, whereby it issued a certificate relating to exams before assessing whether the applicant had the requisite practical experience. The Court held that though this was contrary to the intention of the Ordinance, the Law Society's "flexible" procedures were acceptable.
November 01 1998