6
This has been referred to C.S.D. for comments. The only point on which any comment appears to be called for is that concerning the use of the title of Legal Officer.
This question has been taken up on
21116/7/48 Personnel. In Hong Kong it is now proposed that Assistant Crown Solicitors, Crown Counsel and Magistrates should in future all be designated Legal Officers and allocated to whatever Department requires their services.
This presumably means that in offers of appointment the title of Legal Officer should be used but seeing that the purpose of this title is to facilitate the posting of these officers it would have to be stipulated that the person selected was liable to serve as Assistant Crown Solicitor, Crown Counsel or Magistrate as required. As all these posts are on the same salary scale in Hong Kong there is no objection on that score. I am not sure, however, what the position would be if a vacancy occurred for a magistrate and a candidate was appointed who was not qualified for appointment as a Crown Counsel on the grounds that, although a solicitor, he was without any experience of advocacy. If he could not be appointed as Crown Counsel he could certainly not be informed that he would be liable for service as such and he could presumably not be appointed as a legal officer. Moreover, I presume that the posts of Assistant Crown Solicitor (who will become Assistant Registrar Generals) will seldom be filled by barristers and it might be wrong in the circumstances to inform candidates selected for these posts that they will be liable to serve as Crown Counsel.
It seems to me, therefore, that if the title of Legal Officer is to serve any practical purpose it must be used in respect of posts for which identical qualifications are required otherwise officers appointed as legal officers will not be inter-changeable and the purpose for which the title was intended would not be served.
Perhaps a decision on this question might be deferred until the general question has been settled on 21116/7/48. Incidentally, the Circular Despatch on that file has not yet been sent to Hong Kong.
JE King.
22.7.48
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