| Username |
Post |
| ashu |
Posted
on 08-Feb-04 08:38 PM
What follows is taken from today's (Feb 9th) front-page news of The Himalayan Times.
Allowing foreign lawyers to practice in Nepal is a GOOD step.
oohi
ashu
ktm,nepal
*********
Move to let in foreign legal eagles
Ananta Raj Luitel
Kathmandu, February 8
The Nepal Bar Council (NBC) is amending the Nepal Legal Practioners Council Act, 1993, to allow foreign lawyers to provide legal services in Nepal. The Foreign Investment and Technology Act of 1992 prohibits foreign lawyers from practising in Nepal.
The Council has already prepared the initial draft to amend the Act. It will be sent to the Ministry of Law Justice and Parliamentary Affairs for necessary action, a NBC source said. “The draft was prepared in accordance with the provisions of the World Trade Organisation (WTO) treaty which Nepal signed recently.”
However, it includes breathers for lawyers in the country. A foreign legal practitioner will be allowed to work in Nepal only after permission from the Council. The draft states, “A foreign lawyer working here will have to follow domestic law.”
The draft has also listed criteria for termination of service of a foreign legal expert: If his/her licence is terminated or suspended by his country, or if one is suspended from his profession or faced any action-related code of conduct or failed to renew his/her licence during the given period or failed to set up an office during the time frame given by Nepal Bar Council or found to have been involved in any criminal act.
The draft also maintains that a foreign lawyer can only provide service in international law or the area covered by foreign laws or the area of domestic laws permitted by the Council. A foreign lawyer also cannot be affiliated to any office run by a Nepali lawyer. He/she cannot plead in any Nepali court. “A foreign lawyer cannot provide services related to domestic law — relating to mediation, or filing any case in Nepali courts, drafting any court document or involving in drafting Acts or Regulations,” the draft states.
A foreign lawyer can set up office in Nepal but will be bound to follow the code of conduct as a domestic lawyer along with his/her national lawyers’ code of conduct. The Council can revoke the licence of a lawyer or give a 3 months’ jail term if the lawyer is found to be involved in a criminal offence.
“We welcome foreign lawyers but we cannot permit them to plead in our courts,” advocate Biswokant Mainali said, adding, “We have our own language and legal system in Nepal.”
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| Spark |
Posted
on 09-Feb-04 01:57 AM
ashu, how about foreigner rule Nepal? happy?
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| dada |
Posted
on 09-Feb-04 02:13 AM
ashu
I heard u making big $$$ in nepal. Do u get paid in foreign currency?
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| ashu |
Posted
on 09-Feb-04 05:45 PM
Spark wrote:
"Ashu, how about foreigner rule Nepal? happy?"
You seem to be running out of debating points, and that's fine. For the record, we Nepalis have to run our own country -- allowing BOTH Nepali and foreign (including non-resient Nepalis') paisa to be invested for Nepal ko chautarfi bikas. As a poor country, Nepal simply does NOT have the local resouces to pay for everything here, hence we need FDI.
Dada wrote:
"Ashu, I heard u making big $$$ in nepal. Do u get paid in foreign currency?"
Don't believe everything you hear about me -- both positive and negative. The best
way to get to know me is to work with me -- either as a volunteer or in some
professional capacity, and then make up your own mind.
oohi
ashu
ktm,nepal
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| dada |
Posted
on 09-Feb-04 06:18 PM
I'm up for it. Where do I apply?
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