CONFIDENTIAL

making such an appointment.

Since this particular

premature and unexpected.

vacancy was not expected to ooour at this time, it

would be that much more difficult for any of the

District Judges in line for promotion to protest if an

from

appointment on the Bar were made to fill it. We feel

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here that, although appointments of this kind must be

exceptional, if we are to maintain a viable system

for the administration of justice in Hong Kong, one

such appointment at this time might do a lot of good

and we should be grateful if you would let us have

your views on the subject. The terms to be offered to

anyone appointed from the Bar would need some thought

since they would presumably not include the usual

by

fringe benefits enjoyed expatriate appointments but

would have to be sufficiently good to attract the more

and would need to provide for

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able members of the Bar

The second matter raised by de Basto was the

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question of entrusting the prosecution of criminal

cases to members of the Bar. You will see from the

enclosed note that it was left that the Bar Association able rely

would take the matter up with the Attorney-General in

Hong Kong. We do not know if there is any scope here-

for increasing the number of prosecutions entrusted to

members of the Bar, but if it is true that Crown

Counsel out number members of the Bar in Hong Kong,

in fact

50?

then this would seem to be a most unusual state of

1

affairs for which thereis no doubt some explanation.

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The question of transfers as between the Legal

and Department

the Judiciary was then mentioned. We

were somewhat surprised to hear of the advertisement

referred to by de Basto since we were under the

impression that short-term secondments no longer occurred.

This matter was fairly fully examined in correspondence

prosecutions being avecitalite for the.

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NOTHING TO BE WRITTEN IN THIS MARGIN

CONFIDENTIAL

/ending

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