From this it follows that the profession has a duty to bring home the principle of availability to its members and that members may sometimes have to sink their personal interest in the general interest. In return for that the court in laying
should its plans
take proper the capacity of
profession
account and its
of the current
composition. For these purposes there needs to be (and I am sure there is) full consultation between the profession and the Judiciary."
29.
I advise about the legal profession only as it affects my I do not prime concern which is the workings of the judicial system.
healthy, independent in the least dissent from the view that a strong,
Of prior legal profession is important to Hong Kong and its future. importance, however, is the need for a strong, healthy and independent Judiciary and where the interests of justice demand a course divergent from the interests of the profession the Judiciary should prevail.
30.
None of this precludes proper consultation with the private profession or with the Attorney-General's Chambers, the Legal Aid And in none of it do I suggest Department or the Duty Lawyer Scheme.
to
that a robust judicial line should be pursued against the interests of justice or the hardship of a lawyer. The profession has its problems and they should be considered.
31.
Preparation and Readiness for Trial
Again I quote from my Discussion Papers :-
References in papers of this kind to the lawyer's prime concern in litigation are curiously sparse. Within the discipline of duty to court and profession his main preoccupation is to do the best he can for his client and so is that of his
There is,
however, opponent for his client. another aim of preparation for trial which is to Whilst I ensure the best use of the court's time.
it must be secondary to the acknowledge that
his attention to it is
first, to
lawyer's main concern needed. There are really two aims: ensure that when trial begins in any tribunal it will only be concerned with matters
court or
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