14
MONDAY, JULY 15, 1985
A TYPICAL EXAMPLE THE PRACTICE OF TOUTING OCCURS IN MANY FORMS. IS WHERE PEOPLE KNOWN AS +RUNNERS+ ARE PLACED IN DISTRICT COURTS
THEY APPROACH DEFENDANTS WHO DO NOT APPEAR TO HAVE AND MAGISTRACIES. LEGAL REPRESENTATION, AND INTRODUCE THEM TO A TOUT WHO THEN INTRODUCES THEM TO A SOLICITOR'S CLERK.
A TOUT IS NOT LEGALLY QUALIFIED AND IS NOT EMPLOYED BY A LAW FIRM. HE ASKS FOR A FEE, KEEPS PART OF IT, AND PASSES THE BALANCE
THE CLERK WILL TAKE STATEMENTS AND ARRANGE ON TO THE CLERK.
MEETINGS, AND THEN INTRODUCE THE DEFENDANT TO A SOLICITOR OR
THE BARRISTER, OFTEN NOT UNTIL THE MORNING OF THE COURT HEARING. CLERK USUALLY RECEIVES A COMMISSION FOR HIS WORK AS WELL, AND THE ULTIMATE RESULT IS THAT THE DEFENDANT PAYS FAR TOO MUCH FOR THE LEGAL SERVICE HE RECEIVES, AND MAY ALSO RECEIVE LESSER QUALITY REPRESENTATION THAN HE OUGHT.
ELABORATING ON THE STEPS TAKEN BY THE LEGAL PROFESSION TO COMBAT TOUTING, MR TIM FRESHWATER SAID THAT THE SOCIETY HAD ENLISTED THE HELP OF THE ICAC IN CERTAIN AREAS.
+IN CO-OPERATION WITH THE POLICE AND THE CORRECTIONAL SERVICES DEPARTMENT, WE HAVE DEVISED A SYSTEM WHEREBY ACCESS TO DETAINED PERSONS BY UNQUAL IF IED CLERKS IS CONTROLLED.+
+HENCEFORWARD THE NUMBER OF CLERKS AFFILIATED TO SOLICITORS' FIRMS WILL BE LIMITED; EACH CLERK WILL BE PERMITTED TO BE AFFILIATED WITH ONLY ONE FIRM, A LIST OF THE AFFILIATED CLERKS WILL BE HELD BY THE CORRECTIONAL INSTITUTIONS AND THE POLICE, AND ACCESS TO DETAINED PERSONS WILL BE ALLOWED ONLY TO THOSE CLERKS CARRYING A LETTER NAMING THE DETAINED PERSON CONCERNED AND SIGNED BY A SOLICITOR OF THE RELEVANT FIRM,+ MR FRESHWATER SAID.
ACTING SOLICITOR GENERAL, MR W.R. MARSHALL ALSO EXPRESSED CONCERN ABOUT THE REPORTS THE GOVERNMENT RECEIVED OF THE ACTIVITIES OF TOUTS.
+WHILE THE INSTITUTION OF MIDDLEMEN BETWEEN THE CHINESE SPEAKING COMMUNITY AND THE GOVERNMENT AND THE COURTS HAS HAD A RESPECTED PLACE IN OUR SOCIETY, THERE ARE A NUMBER OF UNSCRUPULOUS TOUTS WHO HAVE BETRAYED THIS TRADITION, TAKING PEOPLE'S MONEY ON THE PRETEXT THAT THEY WILL ASSIST THEM TO OBTAIN THE BEST LEGAL ADVICE,+ MR MARSHALL COMMENTED.
HE POINTED OUT THAT TO A LARGE DEGREE THESE TOUTS SUCCEED BECAUSE OF THE IGNORANCE OF MANY MEMBERS OF THE PUBLIC OF THE IR RIGHT TO DIRECT ACCESS TO LAWYERS, AND THEIR RIGHT TO LEGAL AID. + IT IS TO COMBAT THIS IGNORANCE THAT THIS CAMPAIGN IS DESIGNED, HE ADDED.
THE CAMPAIGN