Confidential
30/€
تر
D
FED 370/400/01
(12)
(28) DKK 1414
1968/9
2
6. In November, 1964, Sir J. McPetrie discussed this question with the Bar Committee in Hong Kong. A record of that discus-
sion is attached.
7.
In August, 1965, a Saving Despatch was sent to Hong Kong commenting on the recommendations for legal reform resolved by the Hong Kong Bar Association in June 1963. In that Saving Despatch it was suggested that the Bar Association might be told that "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 any undertaking as to how future vacancies on the Bench will be filled".
8.
In August, 1968, Mr. de Basto discussed the question with Lord Shepherd in London. There was a subsequent exchange of correspondence between Lord Shepherd and Mr. de Basto culminating in Lord Shepherd's letter of 23 June, 1969. Mr. de Basto then remained silent until May this year when he wrote to
Sir J. McPetrie.
Argument
9.
Mr. de Basto knows very well that much thought has been given to this matter since it was first raised by the Bar
Association. He must also know that the Secretary of State cannot commit himself in any way regarding appointments of this kind. It could be argued therefore that there was no need to say anything else to him. However, I took the opportunity of my visit to Hong Kong last month to discuss the matter with
Mr. Roberts and we agreed provisionally that any further letter to Mr. de Basto should follow the line taken by Lord Shepherd in June, 1969. I suggest, however, that a slight alteration in the wording might deter Mr. de Basto from writing further letters on the subject. I suggest that in place of Lord Shepherd's formula "There have been occasional precedents for such appoint- ments in the past in other territories and your views on the matter will be kept in mind", we should say "Your views on the
question of appointments to the Bench from the Bar have been noted and will be taken into account when future appointments
/are
Confidential