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NOTE OF ETING HELD ON 9 AUGUST 1968, IN LORD SHEPHERD'S

OFFICE

Present:

Lord Shepherd

Sir James McPetrie (Legal Adviser)

Mr. Godden (for part of the time)

Mr. Gaminara

Mr. Gerald de Basto (Chairman of the Hong Kong Bar

Association)

ह)

At the Minister's invitation, Mr. de Basto explained that there were certain matters which he wished to discuss with the Minister on behalf of his Association, He said that when he left Hong Kong there had been a certain amount of misunderstanding on the part of the Press and others; and there had been some speculation that he was coming to He had done his best London to discuss Constitutional developments.

to clear up this misunderstanding and he wanted to make it clear that the Hong Kong Bar Association had at the moment no concern in Constitutional talks: they were of the opinion that the Constitutional status quo should be maintained.

2.

Appointment of practising Barristers from the Hong Kong Bar to

the Bench of the Supreme Court of Hong Kong.

Mr. de Basto said that this was the most important point that he wished to discuss. His Association was of the opinion that appointments to the Supreme Court Bench in Hong Kong should be made from the Bar rather than from the Judicial and Legal Departments as at present. Ideally, all such appointments should be made from the Bar. This would inter alia, dispel any doubts that the community might have that the Supreme Court Bench was not completely impartial

He realised that as between Government and non-Government parties.

this needed to be a gradual process, but he thought that it was a

So far, no process that should be started without delay. appointments to the Supreme Court Bench had been made from the Bar. The Constitution of the Hong Kong Bar Association had changed in 1967 and the annual statement of the Chairman was now expected to contain a critical review of the administration of justice in the Colony. This statement was distributed widely to various bodies such as 'Justice' and the latest such statement contained certain criticisms

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