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14th February, 1969.
H.L.. Oxley, Esq., C.M.G.,0.B.E., Foreign and Commonwealth Office, King Charles Street, LONDON, S..1.
Dear Oxley,
You will remember that on the 30th January just before I left for Hong Kong and Manila you were good enough to let me have a "background note" on the subject of the appointment of members of the Hong Kong Bar to the Bench.
I returned last night and I thought that you would like to know that I had discussed the matter informally with Sir Michael Hogen and indeed with Mr. de Basto. As you rightly said in your note, there are two opposing aspects of the public interest which arise. There is the desirability in the public interest of making on occasions an appointment from the local Bar and also the desirability in the public interest of doing no injustice to the prospects of officers in the Service. I pointed out to the Chief Justice that we were often faced with a somewhat similar problem in this country on the appointment of High Court Judges and Stipendiary Magistrates. In the former case it is valuable on occasions to promote a County Court Judge to the High Court Bench and in the latter to rake an appointment from outside the Bar, such as a solicitor or a Justices' Clerk. To do this occasionally is valuable as promoting morale but to do it more often would cause a legitimate grievance among the members of the Bar.
Mr. de Basto appeared to understand the position fully and in my informal talks the Chief Justice was by no means opposed to the idea. He, however, felt, and I think with some justification, that it ought to be only after he had had the opportunity of talking to at any rate those members of the Service who were already in Hong Kong. He suggested that if the matter were pursued he should have a talk with those members of the Service to warn them that on occasion it might be thought advisable to make an appointment from outside the Service but that it would only be done on an occasion when the candidate from outside was of outstanding ability.
As I have said, our talks were entirely informal and the Chief Justice does not know that I am writing this letter. If, however, the matter is pursued, this will give you an idea of his reactions.
15
Young swine']
Varker of Waddington