FR case filed against Chinese law company

Thursday, 17 January 2019 00:55 - - {{hitsCtrl.values.hits}}

Attorney-at-Law Nayantha Wijesundara yesterday filed a Fundamental Rights petition in the Supreme Court challenging the decision of the Registrar General of Companies to incorporate a limited liability company which purports to provide legal services in Sri Lanka.

In this petition, in addition to the Registrar General of Companies, the Chinese law firm Baqian Law Group Lanka Ltd. and the Attorney General are named as Respondents.

The Petitioner stated in the Petition that legal professional services could be provided only by natural persons who, by virtue of being members of a noble profession, are personally liable for their services. However, companies have limited liability only.

The petition also stated that in terms of the Supreme Court Rules that applies to Attorneys-at-Law, there are many restrictions placed on lawyers with regard to touting and advertising. But as Baqian Law Group is not regulated by the Supreme Court, it would be able to freely engage in advertising in providing legal services.

The petition states in these circumstances the Petitioner is denied equal protection of the law in terms of Article 12(1) and the Petitioner is also discriminated against in violation of rights guaranteed under Article 12(2) of the Constitution.

The Petitioner also claims that by incorporating a private liability company the Registrar General of Companies had also violated the Petitioner’s right to freely engage in a lawful profession guaranteed by Article 14(1)(g) of the Constitution.

The petition states that given the valuable service the legal profession provides society, and given the negative repercussions of allowing a limited liability company to provide such services, the Fundamental Rights application was filed in the public interest.

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