Important to retain a sense of proportion

Your editorial of August 3 headlined, 'Court trouble', implies that the halting of four trials in eight days arises principally as a result of the 'recent rapid pace of localisation' and the opting for a policy of farming out work in the District Court, where fees are lower, while using inexperienced counsel to prosecute the more complex cases in the High Court.

From these observations, the editorial raises doubts about confidence in the maintenance of the rule of law.

The implication is a distortion of the facts and is unfair and offensive to the many conscientious and competent local lawyers working in all divisions of the Legal Department.

Of the 50 Senior Crown Counsel in the Prosecutions Division, only slightly over half, or 26, are locals. Rapid localisation has only taken place at the Crown Counsel level where all 28 are local appointees, and at this level they are not expected to prosecute in the High Court. Prosecutors are sent to the High Court only when the Director of Public Prosecutions is satisfied that they have shown an aptitude and interest in practising advocacy in the High Court and have gained sufficient experience in the lower courts.

Those who progress to the High Court start by prosecuting simpler cases before moving on to more complex ones.

While it is true that until the beginning of the present decade the shortage of lawyers in Hong Kong and the attractions of private practice meant that the department had difficulty in recruiting and retaining local lawyers, special measures were introduced from 1988 to enhance the promotion prospects of local counsel which have proved extremely successful in ensuring their recruitment and retention. The department has a duty to the public to make cost-effective use of Crown Counsel time but continues to brief out a proportion of cases to outside counsel, including an average of six cases per month in the High Court. There is no intention to reduce that level of briefing out.