19 October 2022 09:16 am Views - 146
By Lakmal Sooriyagoda
The Supreme Court (SC)yesterday held that Baqian Law Group Lanka (Pvt.) Ltd, a Chinese law firm is not entitled in law to engage in any legal professional work within Sri Lanka.
Attorney at Law Nayantha Wijesundara had filed this Fundamental Rights petition challenging the decision of the Registrar General of Companies to incorporate a limited liability company which purports to provide legal services in Sri Lanka.
The Supreme Court further held that the Registrar General of Companies has acted in violation of the law of the country when he had incorporated Baqian Law Group as a limited liability company under the Companies Act No. 07 of 2007 as its primary objective is illegal.
Justice Preethi Padman Surasena observed that the decision of Registrar General of Companies has denied the Petitioner the equal protection of law guaranteed to him by Article 12(1) and his freedom to engage in his lawful profession, guaranteed to them by Article 14(1)(g) of the Constitution.
Supreme Court bench comprised Justices Vijith Malalgoda, L.T.B. Dehideniya and Preethi Padman Surasena.
In this petition, the petitioner Nayantha Wijesundara cited Registrar General of Companies, the Chinese law firm Baqian Law Group Lanka (Pvt.) Ltd. and the Attorney General as respondents.
The petitioner stated 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 they 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 Petitioner states that given the valuable service the legal profession provides the society, and given the negative repercussions of allowing a limited liability company to provide such services, and also given that the aforementioned circumstances affect the legal profession as a whole, this petition is also filed in the Public Interest.