9

“-

1

(g)

months at a time is unacceptable for it either involves someone else duplicating the reading of it or advice being delayed pending his return. The "lost" long leave in such cases would be "rolled over" to the ultimate end of his period of employment.

It would assist materially in the recruitment of local counsel if they were treated the same as expatriates and provided with housing on appointment as Crown Counsel.

(h)

I hope to be able to enlarge the establishment of Assistant Crown Counsel (i.e. newly-qualified barristers and solicitors) to include some recruits direct from Hong Kong University PCLL course who are not Government legal scholarship holders as at present. I hope this may assist in attracting young local graduate lawyers to government service.

Other Legal Departments

I am sure the salary presently paid to Magistrates is insufficient to attract people of the right qualities and ability. Nor, in my opinion, is it desirable that the low salary should in effect force Magistrates to hope for promotion to the District Court, for thus is judicial independence threatened; also the nature of that work is different. I would like to see a Magistracy where the majority are not promoted but, after appointment at about 40, serve, with a few exceptions, thereafter in the Magistracy. The Magistracy too, of all the courts, most needs to attract Cantonese speakers.

I

I consider that men of the requisite ability and qualities are needed to strengthen the present Magistracy, and that such men cannot be recruited, certainly not locally, unless the salary level is raised. I would like to hope (assuming my suggestion to raise the APCC salary to DJL2 ($14,090) is accepted) that the Magistrates could be raised to the present DJL1 ($11, 810). think if my proposals for APCC are not acceptable, then to raise the Magistrates would cause a further erosion of Crown Counsel into the Judiciary and (bearing in mind the unsatisfactory standard of some of the present Magistrates) would cause considerable trouble in my Chambers. But I am sure men of the requisite calibre will not be obtainable either locally or in other jurisdications even if the salary were raised to SCC level; nor is it appropriate to pay them on an incremental scale.

I was asked to comment by CSB on the level of the Director of Legal Aid, Registrar General and Registrar, Supreme Court. I believe the post of Director of Legal Aid is one of increasing importance as this aspect of social service to the community expands. Ideally he should be paid slightly less than a Law Officer, but not much less. A grade between DJL4 and DJL5 would be appropriate were there one, as there is (D7) in the Administrative grades.

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