29th September putting forward a suggestion for a working party and a possible interim alteration in the scale of fees pending the Working Party's report. You replied on November 15th indicating the Bar's reluctance to participate in a working party and criticizing its proposed composition. You also rejected the proposed interim alteration. To that letter, I replied on the 9th December suggesting an alteration in the composition of the Working Party to meet your criticisms and putting forward another suggested alteration in the scale.
It is now some three months since I indicated to you my belief that the present rules should be thoroughly re-examined and suggested the working party because, as you will no doubt appreciate, although the solicitors have made no representations about their fees, they would also be concern- ed in any radical alteration and should, I think, be brought into the discussions. Amongst the matters which do I think require careful consideration and discussion is whether we should move from the relatively simple and time saving method of the fixed fee for all cases to the more elaborate system of the flexible fee.
During the summer and autumn, we have collected a great deal of information on legal aid schemes elsewhere from which it would appear that, although there are, of course, variations, the fees payable in Hong Kong are in some instances lower and in some instances higher than those payable elsewhere.
The manner in which this problem has been dealt with elsewhere and the experience gained during the past year from the operation of civil legal aid, seem to provide material that might fruitfully be considered, with other factors, by a working party but if your Association does not wish to participate in one, I would not seek to press the point.
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