XN000022-1995-10-18 — Page 22

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The second issue addressed by Mr Wong in his speech is road opening. The Administration fully recognises the problems associated with repeated and multiple road excavations and the inconveniences these may cause to the public. We have devoted serious efforts to co-ordinate, plan, and control utility openings to keep disruptions to road users to the minimum. Members will see from the Government Minute what we have done and are planning to do in this respect. We aim to bring to this Council soon the necessary amendments to the Crown Land Ordinance for the implementation of the excavation permits fee scheme, a measure which we have been asked at various fora of this Council to pursue.

Turning to briefing out of prosecution work to private counsel, I note that the PAC concurs with the Attorney General that there are good public interest reasons for the Legal Department to maintain the briefing out system, mainly to meet operational needs if the resources or the expertise required do not permit the Legal Department to handle the cases in-house. It is our intention to handle cases by counsel in the Department as far as possible.

As the PAC rightly points out, it is important for the Legal Department to have clearer policies and guidelines on the briefing out arrangements. The existing system is being reviewed by a Working Party chaired by the Director of Public Prosecutions and comprising representatives from relevant government departments, the Bar Association and the Law Society. The Working Party will report to the Attorney General by the end of this year. We shall continue to improve the existing arrangements taking into account the recommendations of the Working Group. On the question of briefing out fees, since April this year, both the Legal Department and the Legal Aid Department pay maximum standard rates fees only for long and complex

cases.

Mr Wong also mentioned the Committee's deliberations on the subject of accountability of public organisations, in particular the role of the Director of Audit in conducting value for money audits of such organisations. On this, we note the range of views that Members of the Public Accounts Committee have expressed. We have given these careful consideration. Whilst such audits might increase the transparency and public accountability of statutory bodies, we need to consider whether they are appropriate having regard to the operating framework of individual organisations.