425
is
to have a 'preferential claim' of any kind are those marked with an asterisk in para. 8 of that despatch, and even in those cases, the 'preference limited by two conditions (a) Cadets must be qualified (b) they will generally be appointed 1.e. other people may be appointed even if quali-
fied Cadets are available.
I am very strongly opposed to recognizing any sort of claim on the part of Cadets to hold either permanently or temporarily the posts of Chief Justice, Puisne Judge or Attorney General, more especially the Chief Justiceship and the Attorney Generalship. The Courts of Hongkong have to deal with very important cases and it is most desirable that the chief legal officers should be real lawyers, whose qualifications will command
As a rule, the respect of litigants and counsel.
0.
a Cadet who has been called to the bar cannot have
which is not to be a very great knowledge of law learnt thoroughly by books and examinations. Occasionally it may be well to appoint a Cadet who
as Mr. has shewn special aptitude for legal work Sercombe Smith and Mr. Gompertz were appointed Puisne Judges but I consider that as a general rule the appointments of Chief Justice, Puisne Judge and Attorney General should be filled from outside the Colony. The Crown Solicitorship should, I think, go as a rule to a Cadet who has been trained
as a Land Officer.
On this point therefore I would say that the Secretary of State cannot recognize any claim. on
the
the part
of Cadets to legal appointments in Hong Kong.
He will always be willing to consider the applications of
duly qualified Cadet officers for these posts with those
of other candidates but it must be fully understood that
as a rule these appointments will not be filled from the
Cadet Service.
This principle disposes to a great extent of
para. 4.
As regards para. 5, I think that, whatever its
disadvantages, the practice of getting an outside barris-
Iter to act as Attorney General is likely to be more
satisfactory than that of appointing a Cadet Officer
but, in any case, the Crown Solicitor could act, if
necessary, as Attorney General and the resulting acting
appointments could be made from the Cadet Service in
the normal course, one of the two extra Cadets who se
appointment has already been asked for supplying the
bottom rung of the ladder.
As regards para. 6 (a), I know that in the past a
Passed Cadet has frequently acted as Private Secretary
but I think that such an arrangement is most undesirable.
It results in a very junior officer seeing all the most
confidential correspondence, including reflections on his
seniors. This is not in the interests of discipline
and the holder of such an appointment will probably be
spoilt for ever by getting a swelled head above even the
usual Hong Kong size (I could quote instances).
I would say that the Secretary of State considers
At very undesirable that a Passed Cadet should hold this
post.
St. Col. Sec.'s
As to the Chief Clerkship in the Cram Solicitor's
pffice, I would deprecate the appointment of a Cadet.
The
(1390). WL20.024--26. 6006. 11/08. A.&E.W.
18,912-27. 6000. 10/09. (15,613).