XN000022-1989-10-18 — Page 13

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WEDNESDAY, OCTOBER 18, 1989

IT HAD BEEN SUGGESTED THAT HE SHOULD HAVE TAKEN THIS COURSE.

TO

"THAT WAS INDEED ONE AVAILABLE AVENUE. ANOTHER WAS FOR ME REFER THE MATTER TO THE BAR COMMITTEE. I HAD DECIDED UPON THAT LATTER COURSE," HE SAID.

"AS IT HAPPENED, THE CHAIRMAN OF THE BAR SPOKE ΤΟ ME SHORTLY AFTER THE EVENTS I HAVE DESCRIBED.

FOR HIS

"AT HIS REQUEST I MADE AVAILABLE ALL PAPERS NECESSARY PURPOSE, THAT IS TRANSCRIPTS AND STATEMENTS BUT NOT COMMUNICATIONS PRIVILEGED IN LAW.

"THESE PRIVILEGED DOCUMENTS WERE COUNSEL'S OPINION AND COMMUNICATIONS BETWEEN THE POLICE AND MY CHAMBERS."

MR MATHEWS SAID MEMBERS WOULD BE AWARE THAT DISCIPLINARY PROCEEDINGS HAD NOW BEEN INSTITUTED.

HE SAID THERE HAD BEEN CRITICISM OF THE WAY IN WHICH MR HARRIS OBTAINED A PRACTISING CERTIFICATE SHORTLY AFTER LEAVING GOVERNMENT SERVICE.

IT WAS SUGGESTED THAT THE ATTORNEY GENERAL SHOULD HAVE MADE REPRESENTATIONS TO PREVENT HIM FROM ENTERING PRACTICE.

SAID.

"THE SHORT ANSWER IS THAT I HAVE NO SUCH POWER IN LAW, "

"I

HE

"HE WAS ADMITTED TO THE HONG KONG BAR IN APRIL 1986, LONG BEFORE THESE EVENTS TOOK PLACE.

"ANY OBJECTION TO AN ADMISSION IS TO BE TAKEN AT THE STAGE OF ADMISSION AND NOT LATER UPON THE ISSUE OF THE ANNUAL PRACTISING CERTIFICATE.

THE ATTORNEY GENERAL SAID THERE HAD BEEN FURTHER DEVELOPMENTS.

"MEMBERS OF THE LEGAL PROFESSION EXPRESSED VIEWS AS TO THE LAW CONTRARY TO THE ADVICE I HAD RECEIVED.

"IN THE LIGHT OF THOSE VIEWS, I THOUGHT IT RIGHT ΤΟ RESUBMIT THE SAME PAPERS TO QUEEN'S COUNSEL WHO HAD PREVIOUSLY ADVISED, INVITING HIM TO CONSIDER CERTAIN ASPECTS OF THE LAW AND SEEKING HIS FURTHER OPINION.

"THIS I DID ON SEPTEMBER 14, 1989. THAT DIFFERED IN ITS CONCLUSION FROM THE ORIGINAL,

FURTHER OPINION

'AS A RESULT AND WITH THE BENEFIT OF THE VIEWS OF MR C.W. REID, WHEN RECENTLY ACTING AS DIRECTOR OF PUBLIC PROSECUTIONS, I HAVE DECIDED THAT A PROSECUTION SHOULD BE BROUGHT FOR ALLEGED OFFENCES OF INCITEMENT TO PROCURE A GIRL UNDER THE AGE OF 21 FOR UNLAWFUL SEXUAL INTERCOURSE.

/"IT WOULD