CONFIDENTIAL
VISIT OF THE KINISTA OF STATE
(LORD SHEPHERD)
TO HONG KONG. MAY/JUNE 1969
Note No. 12
REBRIE NDATIONS OF THE BAR ASSOCIATION
At a meeting with the Minister in August, 1968 Mr. de Basto,
Chairman of the Bar Association, raised four matters :-
(a) Appointments to the Bench from the Bar.
(b)
Interchangeability betwem nmbers of the Legal Department and the Judiciary.
(e) Prosecution of criminal cases by members of the Bar.
(a)
Standard of Legislation in Hong Kong.
It was agreed that he should pursue (c) and (d) with the Attornay
General in Hong Kong. It was left that the Governor would be
consulted on (a) and (b). (Annex A). T
A record of the meeting is attached
2. Points (a) and (b) have been pressed by Mr. de Basto in correspondence. In his first letter of 26 september, 1968 (Annex B) be claimed that at the meeting agreement was reached with the Minister "in a number of areas", and indicated that he proposed to report accordingly in his Annual Report to the Bar Association. The Minister, in his reply of 17 October (Annex C), emphasised that the discussi ons had been purely exploratory and it would not be proper for him to report to the BarAssociation on the lines proposed. Er. de Basto has maintained the pressure in letters of 28 March (Annex D) and 15 May (Annex E).
3.
The points made by Mr. de Basto were put to Hong Kong in Er, Mason's latter of 5 September, 1968 (Annex F). Sir Michael Gass's reply of 28 November (Annex 0) has been examined by Legal Advisers and this department. The Ministry of Overseas Development has been consulted on certain aspects. The results of this examination of the two points it was agreed to refer to the Governor are given below.
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CONFIDENT IAL