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November, 1970.
LAST REF.
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67 Subfile
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When I was in Hong Kong in September I discussed with
Denys Roberts,Gerald de Basto's campaign on the matter of appoint- ments from the Bar to the Supreme Court Bench.
I raised this because de Basto wrote to McPetrie last May saying inter slis "the Bar has no reason to suppose that the
alia present Chief Justice is in any way opposed to the appointment of practising members of the Bar to the Supreme Court Bench and the Bar Committee can only assume that the continuation of the present policy is one undertaken on your personal advice as Legal Adviser to the Secretary of State". It was rather
ronical that McPetrie should be addressed in such terms, for though de Basto does not know this) he has for some time urged acceptance of the principle that an occasional appointment to the Bench direct from the Bar may be justified in the public interests even where there is a suitable Service candidate available. A copy of de Basto's letter fa enclosed.
It was clearly not right that McPetrie should be drawn into a personal correspondence with de Basto regarding the policy of HMG and the Hong Kong Government on this matter, and I accordingly agreed with McPetrie that he should send a simple acknowledgement to de Basto saying that his letter had been passed to the Department of the FCO responsible for dealing with policy questions relating to Hong Kong. There the matter rested till I had my talk with Roberts.
Roberts began by drawing my attention to the Colonial
0370000) Office Saving Despatch No.1564 of 17 August, 1965, in paragraph 2
TARK14/14 (1968/9) 28)
4 (32)
of which it was suggested that if the Governor thought that the Bar Association expected or should be given the Secretary of State's views they should be informed as follows - "The Secretary of State was interested to learn of the views of the Bar Association on the matter of appointments from the Bar to the Supreme Court Bench, but the Secretary of State cannot, of course, give an undertaking as to how future vacancies on the Bench will be filled." Roberts confirmed that a reply in these terms had been sent to the Association.
Subsequently, in 1968 and 1969, there was correspondence between Lord Shepherd and de Basto ending with Lord Shepherd's letter to de Basto of 23 June, 1969. A copy of that letter was sent to you with Carter's letter to the Governor of 24 July, 1969.
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D. R. Holmes, Esq, CMG, OBE, MC, Aeting Colonial Secretary, HONG KONG.