XN000022-1994-07-06 — Page 25

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WEDNESDAY, JULY 6, 1994

TOUTING AND ILLEGAL COMMISSION-TAKING

IN LEGAL FIELD TO BE TACKLED

AN AMENDMENT TO THE PROPOSED LEGAL PRACTITIONERS (AMENDMENT) BILL 1993 WHICH AIMS TO TARGET AT "TOUTS" AND "SUBMARINES", WHO ARE LEGALLY UNQUALIFIED PERSONS TRYING TO SOLICIT BUSINESS FOR THEIR OWN PERSONAL GAINS BY ACTING AS A GO-BETWEEN, WAS PASSED BY THE LEGISLATIVE COUNCIL TONIGHT (WEDNESDAY).

THE ACTING ATTORNEY GENERAL, THE HON JAMES FINDLAY, SAID AT THE RESUMED SECOND READING DEBATE ON THE BILL THAT THE AMENDMENT HAD BEEN ADDED AS A RESULT OF THE DETERMINED VIEWS OF THE ADMINISTRATION, THE LAW SOCIETY AND THE BAR ASSOCIATION THAT "TOUTS" AND "SUBMARINES" WHO, HITHERTO HAD NOT BEEN DEALT WITH BY THE LEGAL PRACTITIONERS ORDINANCE, OUGHT TO BE TARGETED.

CARRY ΤΟ

HE SAID THE SECTION EMPOWERED A LAW SOCIETY INSPECTOR TO OUT RANDOM CHECKS TO UNCOVER "TOUTS" AND "SUBMARINES" WITH A VIEW DRIVING THEM OUT OF THEIR BUSINESS OF TOUTING AND COMMISSION-TAKING.

"THE BAR ASSOCIATION HAS GIVEN AN ASSURANCE THAT CO-OPERATION AND ASSISTANCE WILL BE GIVEN TO LAW SOCIETY INSPECTORS IF ENQUIRIES REVEAL THAT BARRISTERS OR THEIR EMPLOYEES ARE INVOLVED, MR FINDLAY SAID.

HE SAID UNDER THE AMENDMENT, AN INSPECTOR WAS EMPOWERED TO REQUIRE ANY SOLICITOR OR FOREIGN LAWYER, OR THE EMPLOYEE OF A SOLICITOR OR FOREIGN LAWYER, TO PRODUCE FOR HIS INSPECTION ANY DOCUMENT IN HIS POSSESSION AND TO COPY OR SEIZE ANY SUCH DOCUMENT.

SUCH INVESTIGATIVE POWER WAS PRO-ACTIVE AND WAS EXERCISABLE UPON A DIRECTION OF THE LAW SOCIETY COUNCIL, HE ADDED.

MR FINDLAY SAID THE PRINCIPAL ORDINANCE WAS ALSO AMENDED ΤΟ IT AN OFFENCE FOR ANY PERSON TO PRETEND TO BE AN EMPLOYEE OF A SOLICITOR, BARRISTER OR FOREIGN LAWYER.

MAKE

THIS WOULD ADD TEETH TO THE INSPECTORS POWERS UNDER THE PROPOSED SECTION AND WILL ACT AS A DETERRENT TO EXISTING AND POTENTIAL "TOUTS" HE SAID.

MR FINDLAY SAID THE AMENDMENTS WOULD GRANT INVESTIGATIVE POWERS то LAW SOCIETY INSPECTORS IN ORDER TO ASSIST THE LAW SOCIETY COUNCIL IN THE INVESTIGATION OF MISCONDUCT AND MALPRACTICES BY ITS MEMBERS.

HE ADDED THAT IN THE DISCUSSIONS OF THE BILLS COMMITTEE, SOME MEMBERS EXPRESSED CONCERN ABOUT THE EFFECTIVENESS OF THESE MEASURES IN COMBATING THE PROBLEM OF TOUTING AND COMMISSION-TAKING.

THE ADMINISTRATION HAS UNDERTAKEN TO KEEP THE INSPECTORATE SYSTEM CLOSELY MONITORED FOR ITS EFFECTIVENESS, AND IT WILL BE EVALUATED 12 MONTHS AFTER ITS IMPLEMENTATION.

/THIS EVALUATION