Land
DRAFT CIRCULAR
APPOINTMENTS TO THE SUPREME COURT AND DISTRICT COURT
18/2/11
Members of the Judiciary and of the three "legal" depart-
ments of the government (Attorney-General's Chambers, Registrar-
General's Department and the Legal Aid Department) will be aware that,
in recent years, the possibility of direct appointments to the Sup-
reme Court or the District Court from practising barristers has been
under discussion.
2.
No such appointment has so far been made in Hong Kong,
though occasional appointments of members of the Bar to the Supreme
Court were made in other former dependent territories where there was
a professional Judiciary of the same kind as that which exists in Hong
Kong. In the future, however, such appointments may be made.
3.
The object of this circular is to inform serving officers of
the principles which will apply. These have been approved by the Se-
cretary of State, after consultation with the Governor.
4.
The general principle is that appointments to the Supreme
Court and the District Court will normally be made from within the
Judicial and Legal Service (which includes serving officers in other
overseas territories).
5.
However, it is possible that, in future, on occasions, ap-
pointments will be made from the Bar if it is thought that such appoint-
ments are in the interests of the community and the administration of
justice.
6.
It should be emphasized that such appointments from the Bar
will be rare are unlikely to affect the careers of serving officers
more than transfers from other territories have done in the past.
7.
Furthermore, the work load of the courts has in recent years
greatly increased. In order to deal with this situation, additional
judges have been appointed and the number may, in future, have to be
further increased. It is not, therefore, felt that the careers of
serving established officers will be materially affected.
In any
event, what is deemed to be in the best interests of the community
and the furtherance of the proper administration of justice must, and
will, remain the ultimate consideration.
8.
This circular is not intended to form part of the conditions
of service of serving officers, but only as a statement of general policy.
In any event, nothing in this circular is to be taken as in any way fet-
tering the discretion of the Crown to appoint whomsoever it wishes to a
vacancy or as requiring it to justify any particular appointment.