WEDNESDAY, JULY 14, 1982

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SOLICITORS MAY NOW SIT AS SUPREME COURT JUDGES

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SOLICITORS IN CROWN SERVICE WITH TEN YEARS' RELEVANT

EXPERIENCE WILL NOW BE ELIGIBLE FOR APPOINTMENT AS SUPREME COURT JUDGES.

A BILL TO THIS EFFECT WAS PASSED INTO LAW BY THE LEGISLATIVE COUNCIL TODAY.

THE HON PETER C. WONG, CONVENOR OF THE LEGISLATION SCRUTINY GROUP OF UNOFFICIALS, SAID DURING THE DEBATE ON THE SUPREME COURT (AMENDMENT) (NO. 2) BILL, THAT IT WAS +A DEPARTURE FROM THE LONG STANDING PRACTICE THAT ONLY BARRISTERS ARE ELIGIBLE FOR SUCH APPOINTMENT+.

HE SAID REPRESENTATIONS HAD BEEN RECEIVED FROM THE LAW SOCIETY OF HONG KONG WHICH CONTENDED, AMONG OTHER THINGS, THAT THE BILL WOULD IN EFFECT CREATE A CLASS OF SOLICITORS WHO BECAUSE THEY HAD BEEN EMPLOYED BY THE CROWN, BUT NOT NECESSARILY AS ADVOCATES, WERE ELIGIBLE FOR APPOINTMENT WHILE THE REST OF THE SOLICITORS WERE NOT.

THE BAR COMMITTEE, ON THE OTHER HAND, CONCEDED THAT THE MAIN PROVISION OF THE BILL WAS A MEASURE WHICH WOULD BETTER SERVE THE PUBLIC INTEREST AND HENCE AGREED TO THIS MINOR CONCESSION.

WHILE SYMPATHETIC TO THE REPRESENTATIONS FROM THE LAW SOCIETY, MR WONG SAID HIS GROUP FELT THAT ON BALANCE IT WOULD BE UNWISE TO RECOMMEND THAT THE CONCESSION BE EXTENDED TO SOLICITORS GENERALLY.

+ IDEALLY, AN APPOINTMENT SHOULD GO TO THE PERSON BEST SUITED FOR THE JOB, BUT THE APPOINTMENTS UNDER DISCUSSION HAVE TO BE CONSIDERED IN THE LIGHT OF THE TRADITIONAL DIVISION OF WORK BETWEEN THE TWO BRANCHES OF THE PROFESSION.

+THE SYSTEM HAS WORKED WELL AND IT WOULD NOT BE IN THE INTEREST OF THE PROFESSION OR OF THE PUBLIC TO ROCK THE BOAT.+

MR WONG NOTED THAT SOLICITORS ASPIRING TO THE SUPREME COURT JUDGES COULD JOIN CROWN SERVICE OR TAKE STEPS TO BECOME BARRISTERS.

+THE AVENUES TO THE FULFILMENT OF THEIR ASPIRATIONS REMAIN OPEN, HE ADDED.

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