WEDNESDAY, OCTOBER 25, 1989
5
ROLE OF GOVT LAWYERS IN CIVIL LITIGATION
THE ATTORNEY GENERAL, THE HON JEREMY MATHEWS, TOLD THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY) THAT WHILE HE HAS THE ULTIMATE RESPONSIBILITY FOR PROSECUTIONS AND PROSECUTIONS POLICY, THE POSITION IS DIFFERENT IN CIVIL LITIGATION CASES INVOLVING THE GOVERNMENT.
REPLYING TO A QUESTION FROM THE HON PETER WONG, MR MATHEWS SAID THAT IN CIVIL LITIGATION CASES THE LAWYERS WITHIN THE ATTORNEY GENERAL'S CHAMBERS REPRESENTED THE GOVERNMENT.
"THEY ACT AND CONDUCT CIVIL LITIGATION IN MUCH THE SAME WAY AS. WOULD LAWYERS IN THE PRIVATE SECTOR REPRESENTING THEIR CLIENTS. THEY ACT UPON THE INSTRUCTIONS OF CLIENT DEPARTMENTS WHICH THEY ARE REPRESENTING.
"GOVERNMENT'S LAWYERS DO NOT FORMULATE POLICY FOR CLIENT DEPARTMENTS. THEY ADVISE ON THE LAW AND ON THE LEGAL POSITION.
"BUT ULTIMATELY IT IS FOR THE CLIENT DEPARTMENTS ΤΟ INSTRUCT THE GOVERNMENT'S LAWYERS ON THE COURSE OF ANY LITIGATION AND THOSE LAWYERS WILL ONLY ARGUE IN ACCORDANCE WITH THOSE INSTRUCTIONS," MR MATHEWS SAID.
HE SAID THE GOVERNMENT'S LAWYERS WERE, OF COURSE, UNDER A DUTY TO ENSURE THAT THE LAW WAS CORRECTLY APPLIED ; THAT ONLY POINTS ARGUABLE IN LAW WERE TAKEN, AND THAT THEIR CLIENT DEPARTMENTS WERE MADE FULLY AWARE OF THE LEGAL AND PRACTICAL IMPLICATIONS OF ANY ARGUMENT OR INTERPRETATION OF THE LAW WHICH, IF ACCEPTED BY THE COURT, MIGHT REQUIRE A CHANGE IN DEPARTMENTAL POLICIES OR PRACTICES.
POSSIBLE CHANGES TO FIREARMS LAW UNDER STUDY
* * * *
FIREARMS A WORKING GROUP ON THE USE OF
IN CRIME, UNDER THE CONSIDERING POSSIBLE AUSPICES OF THE FIGHT CRIME COMMITTEE, HAS BEEN AMENDMENTS TO THE FIREARMS AND AMMUNITION ORDINANCE, THE SECRETARY FOR SECURITY, THE HON GEOFFREY BARNES, TOLD THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).
REPLYING TO A QUESTION FROM THE HON LEUNG WAI-TUNG, MR BARNES
IMITATION SAID ALTHOUGH IT WOULD APPEAR THAT THE USE OF
FIREARMS IN CRIME WAS BEING CONTAINED AT A STEADY LEVEL UNDER EXISTING LEGISLATION. IT WAS FELT THAT GREATER CONTROL MIGHT BE POSSIBLE.
CASES UNDER
ON THE ADVICE OF THE EXECUTIVE COUNCIL. THE FURTHER PROCESSING
TEST OF A DRAFT BILL HAD BEEN DEFERRED PENDING SUITABLE THE EXISTING LAW. HE SAID.
/MR BARNES