Legal Privilege

Hi there, A I'm an Australian legal practitioner (not HK) and now working in my friend's firm in HK (I moved to HK with my husband) as a Legal Manager. I don't give legal advice regarding HK laws but am involved in general legal matters (eg reviewing contracts/policy, coordinate with external counsels etc).


I want to know if my advice given in HK is privileged? Some friends of mine said it is not privileged because I'm not a HK or registered foreign lawyer (the Legal Practitioners Ordinance). Others said it is because it is a common law right. What confuses me is that I believe if a HK firm engages aU.K. lawyer in the U.K. to give advice regarding a HK contract, the advice is privileged and if I’m right, why the advice given by me in HK is not privileged? What it is different?

Tks, Sonia.

First, you are not a qualified lawyer so attorney client priviledges do not apply to you. Your advice, such as my advice here is, at best an informed opinion!


Second, is your advice (opinion) subject to other confidentiality requirements such as your company's policy w.r.t. client information ? If so, then this is where your "subject to priviledge" issues arises.


The second is quite different from the first.