2
PERSONAL & CONFIDENTIAL
For the reasons indicated above, I am now inclined to think that it might be desirable to reply along the following lines:-
(a)
(b)
that officers belong to a unified service and that opportunities for promotion must be open to all those within the service who are properly fitted for it; and
that although there have been no appointments, so far as I know, from the Bar in Hong Kong to the Supreme or District Court Bench there have been precedents in such appointments in other territories and it seems unlikely that the Secretary of State would wish to forego the right to recommend such appointments if an appropriate occasion arose.
It is questionable whether we should add the following:-
"but that if one might be guided by earlier precedents, I would not expect these appointments to be anything but exceptional and infrequent; anything else might make it necessary to consider whether the terms of service of those already serving in other posts had not been materially altered."
The letter might conclude by saying that, consequently, the assurance sought could not be given here but if the signatories so wished the matter would be referred to London.
Something along these lines would have the advantage of ensuring that what was being said to the Bar Association on one side was in effect being said to the service on the other. It might also be useful in drawing fire, which could give some indication of the strength of the reaction that may be expected if such an appointment is made say, in 3 or 4 years time, when there will be a substantial number of vacancies on the Supreme Court Bench.
Clicka