Y
of devising a pension rate to allow a member of the Bar appointed to the judiciary to earn an attractive rate of pension in a short time.
(b) Prosecution of Criminal Cases by
Members of the Bar
The record and the letter agree that the Minister's view was that this was a matter which ought to be taken up with the Attorney General in Hong Kong.
(c) Interchangeability Between Legal
Department and Judiciary
The note shows that de Basto referred to an advertisement for a Crown Counsel who "would need to be prepared to accept postings to the judiciary from time to time" This surprised Sir James McPetrie and it was agreed to look into the matter.
De Basto's letter makes no reference to any agreement on this question of inter- changeability but only records the Bar Association's point of view.
(a) Standard of Legislation
(e)
At the meeting de Basto complained that legislation was modelled on the English pattern without regard to Chinese mentality, and he wanted liaison with the Association to ensure that the local point of view was taken into account. De Basto agreed on return to Hong Kong to send his written comments on this point to Sir James McPetrie via the Attorney General. There is no mention of this in the letter and indeed at one point we find de Basto unable to appreciate "why English law is so inadequate and we have to draw so copiously from the legislation of other countries".
Unofficial Appointments to Legco and Exco
The same matters are mentioned in the note as in the letter but no agreement is claimed by de Basto.
There is no reply to Mr. Mason's letter to the Colonial Secretary at (9), and apart from the question of discussions with the Governor, I think we should send a telegram asking for a reply urgently. I think that when we do reply to de Basto's letter we should take a pretty frigid line over his desire to publicise any version at all of what transpired at his meeting with the Minister. That apart for the moment, I think that it might be useful to discuss this general question with the Governor when he is here.
Miruv
(H. H. STEWART) 4th October, 1968