XN000022-1995-05-09 — Page 9

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Working party to review briefing out system

The Attorney General, Mr Jeremy Mathews, said today (Tuesday) that he intended to set up a working party to conduct a comprehensive review of the Legal Department's system of briefing out work to private lawyers.

Speaking at a meeting with the Legislative Council Panel on Administration of Justice and Legal Services, Mr Mathews said the working party would be chaired by the Director of Public Prosecutions and comprise representatives from other relevant government branches.

He said he also intended to invite the Bar Association and Law Society to nominate representatives to sit on the working party. -

Mr Mathews said since the briefing out system was started more than 30 years ago it had been an essential part of the criminal justice system in Hong Kong,

"It has worked extremely well and has provided the Legal Department with a safety valve to cope with fluctuating caseloads.

"It has also promoted the experience of the Bar in undertaking prosecution work and helped change the perception that all prosecutors must be government lawyers and the private Bar only represent the defence in criminal cases," he said.

"In general, the briefing out system has contributed to the development of the law in Hong Kong." he added.

Mr Mathews added that the Legal Department was always aware of the need to obtain value for money when briefing out, and was constantly seeking ways to improve upon efficiency and cost-effectiveness.

Nevertheless, he said the department fully recognised the concerns expressed recently in the Director of Audit's report and the internal audit report, which identified areas in relation to the briefing out system where improvements could be made.

"Bearing in mind the amount of money involved in briefing out, and the fact that we have never embarked on a comprehensive review of the system, I think it is not untimely to have one that will look at the way in which the briefing out system works, and improve upon its efficiency, cost-effectiveness as well as accountability." Mr Mathews said.