Х
HKK 14/14
Hong Kong Department
24 July, 1969
ડેટ
As promised by John Moreton I send herewith copies of the correspondence with de Basto with apologies for not sending these
before.
It is hoped that after the recent discussions in Hong Kong you will feel able to accept the principle of an occasional appointment to the Bench from the Bar. We, of course, agree that such appoint- ments will be infrequent, so as not to prejudice the career prospects of Service judges; and that the right candidate from the Bar must
be available.
The question of suitable pension arrangements is undoubtedly a difficult one. There is a precedent in the West Indies Federal Supreme Court (Salaries and Pensions) Act, 1960; Sections 10 and 11 dealt with pension arrangements for non-Service appointments to that Court. However, in this case, the circumstances were somewhat different (1.e. it was a supra-territorial court drawing on the Benches and Bars of a number of territories for its members) and these more beneficial arrangements were accordingly applicable to all judges of the Court, the eventual pensions of Service judges being reduced by the amount of any other pension due in respect of previous public service. If you would like us to do so, we will ask the ODM to look more closely into any arrangements that were made in e.g. Nigeria where occasional appointments from the Bar were made (in one case of an expatriate) long before there was any question of pursuing a deliberate "localisation" policy.
D
34
His Excellency
Sir David Trench, GCMG., MC.
31
(W. S. Carter)
Sir James Me Petrie
Your inmuite below.
5 agree wi2
Your proposed reply to the CJ,
S.
W.5. Carter
2577/69
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