XN000022-1996-02-08 — Page 3

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Non-government organisations or individuals who would like to express their views can write to the Secretary for Home Affairs before March 8.

Copies of the outline of the draft report can be obtained from the Home Affairs Branch, 31st floor, Southom Centre, Wan Chai, on request, and are also available at the Marketing Office of the Government Information Services on the 17th floor, Siu On Centre, 176-192 Lockhart Road, Wan Chai.

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Response to comments on legal services recommendations

In response to comments made by the Law Society on the administration's implementation of legal services recommendations, a spokesman for the Legal Department today (Thursday) rejected allegations that the department had applied double standards to the Bar Association and Law Society.

The same standard was applied, namely: is the proposal in the public interest, he said.

He also emphasised that the proposal to permit solicitors to acquire extended rights of audience has not been dropped. Further study was, however, needed in the form of:

(a)

(b)

a public opinion survey on this issue; and

research into the state of the Bar in other common law jurisdictions where solicitors can appear in the higher courts.

The proposal, if implemented, would certainly have some impact on the Bar, since some work currently only performed by barristers could be performed by solicitors. The question that needs to be addressed is whether that would undermine the strength and independence of the Bar, he explained.

The strength and independence of solicitors are of equal importance, but the proposal in respect of conveyancing fees would not take away any work currently performed by solicitors. There is therefore no question of the strength and independence of solicitors being undermined.

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With regard to the question of whether a solicitor should be responsible for paying a barrister's fees, even though the lay client has not paid the solicitor, the spokesman said this was dealt with in the Report on Legal Services. Administration has made it clear that this question is a matter of professional ethics, with which the Administration does not wish to interfere.

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