CONFIDENTIAL
Supreme Court Bench from the Hong Kong Bar should be considered
in two situations
(a)
(b)
5.
where there was no Service candidate good enough to
fill the vacancy; or
where, though there was a suitable Service candidate available, it was desired to strengthen the Bench by appointing someone with more extensive experience of private practice than is possessed by the average
member of the Service.
The Governor, who has not yet replied, but who has asked that this subject should be discussed, may be intending to argue that an appointment from outside the Service at any time when there was a suitable Service candidate would constitute a
legitimate cuase of grievance. We would not accept the view that career prospects of Service officers were seriously prejudiced by the very occasional appointment from the Bench as in (b) above. They would of course be prejudiced if quite frequent appointments were made, e.g. in pursuing a policy of "localisation".
6. We are, of course, not suggesting that the Supreme Court Bench requires to be strengthened at present from outside the
Service.
Hong Kong Depart,ent,
21 November, 1969.
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CONFIDENTIAL