HONG KONG BAR ASSOCIATION
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I quote from paragraph 16 of page 56 of the Annual Statement of the General Council of the Bar of England and Wales:-
"The existence of Q.C.s as a class of barrister - about one tenth of those in practice is an advantage to higher authority as well as to the rest of the Bar. The system provides a body of outstanding practitioners, not too numerous to prevent them becoming individually known to the judges, which acts as
which acts as a reservoir for recruitment to the Bench. It is commonplace for Q.C.s to be invited by Govern- mental authorities to undertake responsible public duties. The status of a Q.C., exemplified by the trust reposed in him and the further responsibilities which may devolve upon him, is dependent upon his professional function being different from the majority of the Bar."
Does the Hong Kong Government repose less trust in Her Majesty's Counsel in Hong Kong than the British Government obviously reposes in Her Majesty's Counsel in England?
Ninety-eight percent of the 4 million people in Hong Kong are of Chinese race and this percentage is probably reflected in the litigants appearing before the Courts. Is it seriously disputed that such cases would not be better dealt with by "local" judges, by which is meant judges who have some substantial connection with Hong Kong and its people, by birth and/or education in the Colony, or else by having many years residence in Hong Kong during which time they would have had considerable personal contact with Chinese people in all walks of life and, in all probability, have acquired a good working knowledge of the Chinese language? The vast majority of litigants are of different race, culture, with different traditions and customs from those persons presently appointed to solve their differences. What is the British Government's official attitude on this matter, assuming "local" candidates of suitable calibre are available for, and willing to accept, appointments to the Bench of the Supreme Courts? The retirement age and the rate at which pensions accrue would also have to be decided upon.
Your legal advisers may agree that the due and proper administration of justice in the British system depends largely upon a strong and efficient legal profession. I say no more at this stage except that the present system cannot long be allowed to continue without some very en- lightened changes.
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