দি
Mr. Laird
Reference.....
HKK.14/43
Copy to: Mr.
Sir Arthur Grattan-Bellew
tḥ
27/xi
Rushford
I was unable to take part in the discussion of the Hong Kong Government's proposal to establish an Inn of Court with disciplinary powers over the legal profession - Governor's saving despatch at folio (1). I am in general agreement with the FCO reaction to this proposal saving despatches at folios (11) and (15). In particular, I share the doubts expressed in paragraph 1 of folio (11) about the
propriety of incorporating such a body ab initio by Royal Charter. I also agree with the view expressed in paragraph 3(c) of folio (11) that, if it were desired to vest disciplinary powers over the Bar in
a joint body comprising judges and leading members of the practising
profession, there seems no point in achieving this by the circuitous
method proposed, i.e. for the powers first to be vested in the
judges of Hong Kong and for the latter then to delegate their powers to the joint body. This is what, as a matter of history, happened in England, but I can see no reason why any joint body established in Hong
Kong should not have disciplinary powers vested in it directly by the legislature.
2. I have some sympathy for the underlying desire to associate
members of the practising Bar with disciplinary matters. The
arguments that can be advanced in favour of such a step seem to me
to be these
(a)
It would foster responsible attitudes on the part of
the practising Bar.
(b) It would help the judiciary to gain more insight into
the problems of practitioners.
(c)
Generally it would tend to improve relations between the Bench and Bar (a point made to me by Mr. Justice
Huggins who spoke to me recently before he returned to Hong Kong).
There is, of course, no guarantee that these results would flow
if an Inn of Court or other joint body were established. Much would depend upon the quality of the men (both judges and practitioners) who were Benchers of the "Inn of Court" or members of any joint body that was established. Pending a reply to our saving despatches at folios (11) and (15) no further action by us seems necessary.
JCHCP.
(J.C. McPetrie)
12 November, 1970
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