The Supreme Court of Sri Lanka delivered the judgment of a fundamental rights petition held that Chinese Law firm Baqian Law Group Lanka (Pvt) Ltd. was not legally entitled to perform any legal professional work in Sri Lanka.
Bandara Wijesundara is the petitioner who is an attorney-at-law challenged the decision of the respondent Registrar General of Companies to incorporate Chinese law firm Baqian Law Group for an unlawful purpose and his failure to investigate it in terms of the companies Act.
The supreme court with Justice P. Padman Surasen , Justice Vijith Malalgoda and Justice L.T.B. Dehideniya agreeing held that the incorporation of the Chinese law firm Baqian Law Group as a limited liability company by the Registrar General of Companies to provide legal professional services in Sri Lanka was in “violation of the law” of the country as its primary objective is illegal.
Only natural persons (practicing the profession as individuals and practicing the profession in partnerships) are permitted to engage in the practice of law in the Democratic Socialist Republic of Sri Lanka.
Among other things, Justice Surasena referring to the Supreme court Rules of 67, 68, 69 and 70 of 1978 only an individual as opposed to corporate personality could be admitted and enrolled as an Attorney-at-Law.
He also stated that the documental evidence has established the fact that Baqian Law Group is a law firm where Chinese lawyers would work along with Sri Lankan lawyers to provide legal services in Sri Lanka.
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