EN CLAIR
IMMEDIATE FOREIGN AND COMMONWEALTH OFFICE TO HONG KONG
TELEGRAM NUMBER 113
27 FEBRUARY, 1970 (HKK)
UNCLASSIFIED
M.I.P.T.
INFORMATION TO BE PASSED IS AS FOLLOWS:
BEGINS:
RIF.
*
(A) THE DISTINCTION BETWEEN A HIGH COURT JUDGE IN ENGLAND (WHO DOES'
NOT RETAIN HIS APPOINTMENT AS QUEEN'S COUNSEL > AND A COUNTY COURT
JJJGE (WHO DOES RETAIN THE APPOINTMENT), IS BASED ON THE METHOD OF. ·
APPOINTMENT. APPOINTMENT AS QUEEN'S COUNSEL IS BY LETTERS PATENT
AND SO 13 APPOINTMENT TO THE HIGH COURT BENCH. AT COMMON LAW AN
INFERIOR OFFICE CONFERRED BY PATENT MERGES IN A SUPERIOR OFFICE SO
CONFERRED AND IS EXTINGUISHED THEREBY. AN APPOINTMENT AS QC
THEREFORE MERGES IN APPOINTMENT AS A HIGH COURT JJUGE. A COUNTY
COURT JUDGE, HOWEVER, IS APPOINTED BY WARRANT AND NO MERGER OF THE
APPOINTMENT AS QC TAKES PLACE. IT SHOULD NOT BE ASSUMED THAT A HIGH
COURT OR COUNTRY COURT JUDGE CEASES TO BE A BARRISTER. ALTHOUGH SUCH
A JJDGE DUES NOT PRACTISE AS A BARRISTER HIS APPOINTMENT AS A JUDGE
DOES NOT TERMINATE HIS MEMBERSHIP OF HIS INN OF COURT.
(3) ALTHOUGH, TECHNICALLY, AND BY INFERENCE FROM SECTION 3 OF THE
COUNTRY COURTS ACT 1959, A COUNTY COURT JUDGE COULD, AFTER CEASING
TO HOLD THAT OFFICE, RESUME PRACTICE AT THE BAR, THERE IS NO
PRESEDENT FOR THIS. IN THE ANNUAL STATEMENT OF THE GENERAL COUNCIL
OF THE BAR FOR 1963 THE BAR COUNCIL STATED: QUOTE THE COUNCIL 00
NOT APPROVE AS A MATTER OF PRINCIPLE OF FORMER COUNTY COURT JUDGES
RETURNING TO PRACTISE AT THE BAR IN ANY CAPACITY. UNQJOTE
COUNTY COURT JUDGE TO RESUME PRACTICE AT THE BAR WOULD BE A
DEPARTURE FROM LONG TRADITION.
STEVART
FILES:
H.K.D.
LEGAL ADVISERS
DDDDD
FOR A