XN000022-1996-02-06 — Page 5

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In response to the proposal for extended rights of audience, 32 written submissions were made to AGC, of which only two, one from the Bar Association and another from a barrister, expressed opposition. It was not included in the public opinion survey on the advice of the survey organiser in order not to overload the questionnaire.

Although there are strong arguments in favour of the proposal, there are substantial arguments the other way, and the proposal would undoubtedly have some impact on the Bar,

"The Administration agrees that the strength and independence of the Bar are of great importance and does not wish to undermine them," Mr Mathews said.

"It will therefore conduct a further study of the state of the Bar in other common law jurisdictions where solicitors can acquire full rights of audience and further gauge the level of public support for this change before it makes a definite proposal."

As regards abolition of scale fees, Mr Mathews pointed out that the Law Society had been given ample time to submit its views on the proposals and there had been little basis or support for the arguments it put forward.

The Law Society itself recognises that there is a need to amend the scales and has commissioned a survey by an accounting firm into the effects on solicitors of rising property prices and rising overheads.

"The Administration will therefore prepare legislation to abolish scale fees for introduction to the Legislative Council this session.

"If the Law Society makes alternative proposals in respect of conveyancing fees that are fair to consumers and are not anti-competitive, before the legislation is introduced into the council, the Administration will give them careful consideration," Mr Mathews said.

He added that he was sure that in framing any proposals, the Law Society would want to recognise the clear public support for the abolition of scale fees.

Implementation by professional bodies

While public and media attention have been focused on only two issues, other proposals that will help to improve legal services also had public support. Some of these proposals had already been implemented by the Law Society and the Bar Association, Mr Mathews continued.

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