XN000022-1993-03-22 — Page 10

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MONDAY, MARCH 22, 1993

"THESE INITIALLED AGREEMENTS ARE WITH THE NETHERLANDS, CANADA, AUSTRALIA, SWEDEN, DENMARK, GERMANY, ITALY, SWITZERLAND AND FRANCE.

"NEGOTIATIONS ARE UNDERWAY WITH THE UNITED STATES, SINGAPORE

AND SEVERAL OTHER COUNTRIES.

ON THE ROLE OF THE LEGAL DEPARTMENT, HE SAID: "I WOULD STATE, SOME MAY THINK BOLDLY, THAT THE ROLE WILL BE LITTLE DIFFERENT FROM THAT WHICH IT FULFILLS AT THE MOMENT.

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HE SAID A VAST SPECTRUM OF LEGAL WORK, MUCH OF IT SPECIALISED AND NOT REPLICATED IN THE PRIVATE SECTOR, WAS UNDERTAKEN BY THE LEGAL DEPARTMENT OF ABOUT 250 LAWYERS, MANY FROM OVERSEAS, COMMON-LAW JURISDICTIONS, BUT WITH A GROWING NUMBER OF HONG KONG LAWYERS.

THE WORK THAT THE DEPARTMENT UNDERTOOK, SUCH AS GIVING LEGAL ADVICE, PROSECUTING CRIMINAL CASES, DRAFTING LAWS AND CONTRACTS WAS FIRMLY ANCHORED WITHIN THE COMMON LAW DEGAL SYSTEM OF HONG KONG.

"IT IS THIS SYSTEM THAT WILL CONTINUE AFTER 1997, AS GUARANTEED IN THE JOINT DECLARATION AND THE BASIC LAW MR MATHEWS SAID.

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WITHIN THE CURRENT LEGAL SYSTEM, THERE WOULD BE A CONTINUING NEED FOR CRIMINALS TO BE PROSECUTED, LAWS DRAFTED, LEGAL ADVICE GIVEN AND LAWS REFORMED.

"THAT WORK WILL CONTINUE BECAUSE CLEARLY IT MUST, AS BEING AN ESSENTIAL PART OF THE PRESENT LEGAL SYSTEM, MR MATHEWS SAID.

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ON SUGGESTIONS THAT MORE OF THE WORK OF THE DEPARTMENT COULD BE HIVED OFF TO THE PRIVATE SECTOR.

"THIS, 50 [T IS SAID, WILL ENSURE GREATER OBJECTIVITY AND EFFICIENCY. LE'T ME SAY AT THE OUTSET THAT LEGAL DEPARTMENT IS A DEPARTMENT OF PROFESSIONALS WHO DO NOT HESITATE ΤΟ GIVE FAIR, OBJECTIVE AND DETACHED ADVICE EVEN WHEN IT MAY BE INCONVENIENT.

"BUT IF ONE EXAMINES FURTHER THE IDEA OF PRIVATISATION, ONE CAN SOON SEE SIGNIFICANT PROBLEMS.

FIRST,

"

HE SAID, THERE WERE SOME TYPES OF WORK FOR WHICH THERE WAS NO, OR VERY LITTLE, EXPERTISE IN THE PRIVATE SECTOR, SUCH AS LEGISLATIVE DRAFTING OR PUBLIC INTERNATIONAL LAW.

SECONDLY, THE HONG KONG GOVERNMENT, LIKE ALL GOVERNMENTS MUST HAVE AVAILABLE TO IT A BODY OF LAWYERS WHOSE SERVICES WERE EXCLUSIVELY THEIRS, IN THE SENSE THAT THE GOVERNMENT DID NOT HAVE TO COMPETE WITH OTHERS, TO SECURE THE FULL COMMITMENT OF TIME AND RESOURCES.

WAS

THIRDLY, BRIEFING WORK OUT TO PRIVATE COUNSEL OR LAW FIRMS FAR MORE EXPENSIVE THAN HAVING THE WORK DONE IN-HOUSE. IF ALL OF THE LEGAL DEPARTMENT'S CIVIL AND CRIMINAL LITIGATION AND AND DRAFTING OF CONTRACTS, WERE DONE PRIVATELY THE

ADVISORY WORK, PRICE WOULD

BE

ENORMOUS.

/FOURTHLY, CLEARLY

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