HONG KONG BAR ASSOCIATION
10/2
5.
Whilst it is true that in England a number of Treasury Counsel have been appointed to the bench of the superior courts, it ought not to be forgotten that Treasury Counsel are not civil servants in any sense of the term. They are paid a brief fee and refresher for each case they undertake on behalf of the Crown. In Hong Kong all members of the Legal Department are civil servants in a department which is headed by a member of the Executive and who sits on the Executive Council which is roughly the equivalent of the Cabinet. I think I am right in saying that in England the Attorney General is not usually a member of the Cabinet. In the Bar's view the independence of the Judiciary is not best served by seeking recruitment to it from members of an executive department.
5.
I also discussed with Sir James McPetrie (I am not sure whether or not you were present at that particular discussion) the question of the standard of legislation in Hong Kong and the quality of the Unofficial Members appointed to the Legislative and Executive Councils. My view was that the Unofficial Members, with perhaps some notable exceptions, did not in any way form an effective opposition in the English parliamentary sense so as to keep the Official Members of Government on their mark. This has cast a heavy burden on the Bar in critising, and bringing about changes in, proposed legislation. I enclose herewith a cutting from the South China Morning Post of today's date.
6. I think the above is a brief resume of the matters we discussed and I would be very grateful for your confirmation of the areas in which we agreed in principle. If I am right in thinking that we achieved agreement in a number. of areas then, subject to the implementation of new policies in accordance with those agreements, the Bar does not propose to take the matter further.
In this regard I would like to point out that I am leaving for Australia on 6th November and that my Annual Report to the Bar will have to be ready for the printers before 1st November. I should be very grateful if I could hear from you before that time on what specific areas we reached agreement and when and how such agreements are to be implemented. I appreciate that you have many other matters to deal with, but I should be very grateful if you could give this matter your esteemed attention.