FED.370/400/01
12
SAVING
From the Secretary of State for the Colonies
To the Officer Administering the Government of HONG KONG
Date
17 AUG 1965
No. 1564
Saving
Reform of the Administration of the Law in Hong Kong
Your savingram 2804 of the 14th November, 1964, and 540 of 4th March, 1965.
The following are cur observations on the recommendations for legal reform resolved by the Hong Kong Bar Association on the 13th June, 1963, the comments by your Attorney-General on the...e recommendations coutuined in his letter to the Bar Association dated 4th July, 1964 and the points raised by the Ear Committee at their meetinge viti Nr. loketrie on the 27th and 30th November, 1964.
(1) Appointment of Irivate Practitioners to the Supreme Court Dench [1(a)_7
There is no objecticu in principle to appointing a practising member of the local Bar to be a judge of the Supreme Court and this has on occasion been done in other colonial territories, No would not rule out the possibility of making such i an appointment in Hong Kong if a suitable opportunity offered and a member of the Bar of sufficient distinction was prepared to exchange the rewards of private practice for the Bench, It must, however, be borne in mind that in order to obtain suitable men for appointment to the District Court and magisterial benches and to the office of Crown Counsel, it is necessary to hold out prospecta of advancement in due course, Including the chance of appointment to a Supreme Court judgeship for those suitalls att inmoats. Without adequate recruitment to these junior offices the whole system of addnistration of justice would be in jeopardy. It follows thut appointments to the Supreme Court direct from the local Bar would have to be exceptional and could be made only in circumstances where the appointmen would not constitute a legitimate cause of grievance to members of the subordi.te benches and the legal service. If you think that anything further need be said to the Bar Association on this point we suggest that it would merely be to the effect that their representations will be borne in mind.
(2) Promotion from District Court to Supreme Court
At their meeting with Ir. McPetrie the Bar Committee asked whether it would be possible for the Chief Justice to consult informally with the President of the Bar Associatica and such other members of the Bar (if any) that the Chief Justice thought fit, before appointments to the Supreme Court bench were made from the bench of the District Court. Subject to your views and those of the Chief Justic the Committee of the Bar Association might be informed that, while the Chief Just takes all proper steps to infora himself of the suitability of District Court judges for promotion to the Suprame Court, consultations of the kind proposed would in fact amount to asking the Bar to report on the Matrict Judges before whom they practice and would be objectionable in principle.
D.
1.
163