CONFIDENTIAL
16.
Appointments to the Bench from the Bar
4. Mr. de Basto based his case initially on the proposition that such appointments were necessary to dispel any doubts that the
he later community might have about the impartiality of the Bench; argued (Annex D) that "local" judges (1.e, who have a substantial connection with Hong Kong and its people by birth, education or long residence in the Colony) would make better judges by reason of their knowledge of Chinese people and, possibly, of the Chinese language.
5. The Acting Governor, in dismissing the argument about impartiality, considered it far more likely that the Bar was after "the plums of high office"; he did not consider this a reasonable aspiration since, unlike the system in England, the two streams of official and unofficial barristers are quite separate in Hong Kong (Annex G). He suggested that appointments to the Bar would be justified only if :-
(a) officers of sufficient calibre were not available in the
Judicial and Legal Service;
(b) a suitable member of the Hong Kong Bar was prepared to
accept appointment; and
(c) the circumstances were such that this would not constitute a legitimate cause of grievance to members of the Judicial and Legal Service.
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He went on to argue that any modification of these conditions would damage recruitment and morale and might lead to requests for premature retirement for loss of career prospects. difficulties with the public service as a whole 1f special pension
He concluded terms were offered to appointments from the Bar. that, if the proposal were to be carried further, the implications would have to be fully examined in consultation with the Chief Justice, Attorney General and the Registrar General.
6.
The subject was in fact informally discussed with the Chief Justice by Lord Chief Justice Parker when the latter visited Hong Kong in February. A copy of Lord Parker's letter is attached (Annex H). It is advised that no use should be made of this letter in any discussions for the reason given in the last paragraph.
CONFIDENT IAL
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