11.
throughout his judicial career.
The reason is that
we think that the decisions of a judge should not be
influenced by the hope of promotion.
By contrast
the constant hope of the newly appointed French
judge is to improve his position within the judicial
we must never allow that to happen
hierarchy
in England".
By contrast, the District Court and Supreme Court in Hong Kong are filled exclusively from within the Government Service, by a process based to a large extent on promotions
within the Service.
12.
The Bar Committee does not believe it has ever been intimated to magistrates or to District Court Judges, on their being appointed to the Bench, that it is a term of their service that promotion within the Judiciary should be reserved
for public officers.
13.
Whilst the Bar Committee would readily concede that proper incentive must be given to the lower echelons of the Judiciary to ensure that high quality of appointments be maintained, it finds little justification for the prepetuation of a hierarchical system whereby 'promotion' exclusively within the Government Service is the guiding principle for appointment
It offends to the District Court and Supreme Court Benches. against basic tenets of British justice founded upon the independence of the Judiciary, and could only be justified on grounds of expediency: grounds which become increasingly nebulous with the growth of a strong and independent Bar.
14.
The Bar Committee is aware of a Petition addressed to yourself by a number of magistrates in the Colony in which the Petitioners therein pray that if an appointment to the District Court Bench is filled by a practising barrister, they be allowed to resign at an earlier date than would be otherwise acceptable
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