HONG KONG LEGISLATIVE COUNCIL
18 October 1989
香港立法局
·九八九年十月十八日
28
ATTORNEY GENERAL: Sir, it is the latter. As I have said in my main answer, members of the legal profession expressed views on the law contrary to the advice that I had already received. It was in the light of those suggestions that I thought it prudent to put the matter back to leading counsel for his further advice.
MR. ANDREW WONG: Sir, I wish to ask two general questions in connection with the first question raised by Mrs. TU and the second question raised by Mr. Martin LEE and the replies given by the Attorney General and by the Secretary for Security. Does the Attorney General always act in accordance with counsel's advice and how is counsel chosen?
ATTORNEY GENERAL: In the very rare cases, Sir, where there are allegations of criminal conduct against members of my chambers, the invariable practice is to take the advice of counsel at the private Bar for obvious reasons. It is to avoid any suggestion that any view taken could smack of favouritism. In this case, having regard to the nature of the allegations, and the position held, I considered it right to go to an eminent Queen's Counsel. He was chosen by reason of his long years of practice, his experience, his standing in the Bar, and his undoubted integrity.
MR. HUI: Sir, referring to paragraph 9 of his reply, does the Attorney General intend to take steps to have Mr. HARRIS brought back to Hong Kong for trial?
ATTORNEY GENERAL: Sir, if necessary Mr. HARRIS' extradition will be sought.
MR. SIT: Sir, could the Attorney General advise this Council under what circumstances a second legal opinion from leading counsel in private practice had to be sought before deciding to prosecute or not to prosecute in respect of cases which might have caused public concern, or in the interest of the public?
ATTORNEY GENERAL: Sir, I have already answered that question in relation to this specific case.
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