mends that representations be made for the abrogation of this statutory power.
It has come to the attention of the Bar Committee that there is some suggestion that by S.9(2) of Cap. 221 and the Legal Aid Rules made thereunder that there is authority in the Chief Justice to compel the counsel selected by him to accept a criminal legally aided case at the statutory fee fixed and promulgated by the Chief Justice in the said Rules.
Prior to the promulgation of the Legal Aid in Criminal Cases Rules in 1962, the Registrar on behalf of the Chief Justice agreed with the then Chairman of the Hong Kong Bar Association that participation by practising barristers in such scheme would be on a voluntary basis, and requested a list of barristers willing to serve on a panel on such basis, which list was duly supplied.
The Bar Committee has written to the Attorney General pointing this out, and that if there should be any doubt, legislation should be enacted to remove such doubt.
The Bar Committee is confident that if fees were paid in legally aided criminal cases which more closely approxi- mated those commanded by barristers in their normal practice, the situation would never arise of an accused person being denied such aid because of the non-availability of counsel.
A further letter from the Chief Justice dated 28th December, 1967 has just been received. It is reproduced as Appendix "H". There is no time for a reply to it or even for obvious comments on it to be included in this Report. This is something which must be left to the incoming Bar Committee to deal with.
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