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"There are many aspects of professional practice that are obsolete or obsolescent and have been abandoned elsewhere; many restrictions on the ways in which legal services may be offered; and many practices that are non-competitive and may not be in the public interest," he explained.
"We need a strong and independent legal profession. But the legal profession exists to serve the community," Mr Fung continued.
"If legal services do not meet the needs of the consumer, or if they are too expensive, or inefficient, the community may lose faith not only in the legal profession but in our legal system itself. That is not a development that any of us would wish to see."
He was pleased that the Consultation Paper on Legal Services issued by the Legal Department in March last year had elicited a lively response from the public,
Feedback from the consultation exercise demonstrated a wide margin of public support for 34 out of the 40 provisional recommendations, and clear public opposition to only one recommendation. Five recommendations resulted in evenly divided views.
Of the 34 recommendations that received clear public support, eight were for no change, five have been implemented by the Bar Association and Law Society, and a further seven could be so implemented in the near future.
This leaves 14 provisional recommendations which have clear public support and which, if they were to be implemented, would require legislation.
Two of these 14 recommendations, on extending the rights of audience of solicitors to the High Court, and on abolition of scale fees for conveyancing work, are strongly opposed by the Bar Association and the Law Society respectively.
Addressing the arguments raised by the Bar Association that giving extended rights of audience to solicitors would undermine the strength and independence of the Bar, Mr Fung emphasised the Administration's full support for a strong and independent Bar.
"We must, however, bear in the mind that strong and independent Bars exist in other common law jurisdictions where solicitors have full rights of audience.
"The Bar exists because there is a market need for the services of consultants who specialise in courtroom advocacy. Its existence is not and cannot be made - dependent on any restrictive practice precluding competition," he said.
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