HONG KONG BAR ASSOCIATION
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producing legal graduates with little corresponding increase at the private Bar. This is a matter causing grave concern to those responsible for the maintenance of an efficient Bar.
It would also appear that the Legal Department will only take "recruits" into the lower eschelons of the Department in other words, a very successful barrister in private practice (even one of Her Majesty's Counsel) cannot look to the security of a pensionable appointment commensurate with his professional experience in the Legal Department. In fact, the whole position is so unsatisfactory that there was a resolution in 1967 at the Annual General Meeting for a Petition to the Queen for a Royal Commission, but this was ammended and passed to read that the British Government be approached if a solution could not be found in Hong Kong. It was as a result of that resolution that I went to London to see you.
It has, unfortunately, not passed unnoticed that the perogative of members of the Bar in England to have appointed from it's ranks all senior judicial, and other high legal posts, has been recognized by most Colonies only upon gaining independence. Not a single member of the present District and Supreme Court Bench is, or has ever been, a practising member of the Hong Kong Bar, a state of
In the Legal affairs which would be un-thinkable in England. Department, not a single member in the higher eschelons of that Department, likewise, is or has ever been, a practising member of the Hong Kong Bar. Treasury Counsel, that is, Counsel in private practice who conduct, on the instructions of the Director of Public Prosecutions, all major prosecutions
It is to be in England, are non-existent in Hong Kong. regretted that Hong Kong's growing sophistication does not
The continuing appear to be fully appreciated in Whitehall. appointments to civil servants (mostly expatriates already entitled to pensions) to the Superior Courts and other high legal posts, reflects in the Bar's view, a wholly anachronistic position. The truth of the matter is, of course, that civil servants, not unnaturally, are very anxious to preserve a system which has for a century and a half so benifited themselves. The question is basically this: In a territory like Hong Kong, is it the policy of the British Government to fill professional vacancies, whenever possible, with "local" candidates, assuming such "local" candidates have
In this connection, ALL the qualities of expatriate candidates? is it in any way suggested that the more eminent and prominent members of the Hong Kong Bar (including Her Majesty's Counsel) have less academic qualifications, or are less articulate or able than the present incumbents on the Supreme Court Bench?
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