Conclosure 3.
Enclosure
+361489/10
6.
125
Mr. F. B. L. Bowley who was then Acting
Crow Solicitor protested against the revised draft; a copy of
his protest is attached. Subsequently the matter was debated in
Executive Council and it was decided to drop the draft bill, to
introduce a bill (the one now forwarded) validating Mr. Kemp's
appointment and to refer the larger question to yourself.
7.
The extreme position on the one side may
be taken to be that of the Hongkong Law Society (a Society of
Solicitors) whose views are set out in their letter of the 1st.
of August (copy attached) to the effect that the appointments of
both Crown Solicitor and Assistant Crown Solicitor should al-
-ways be held by persons who are qualified for enrolment as
Solicitors in the Supreme Court; the acceptance of this view
would mean that neither appointment could ever be held by a
Cadet (no Cadet is ever likely to have served articles to a
firm of Solicitors) and would also mean that the instructions
given in your Despatch No. 367 of the 22nd. December, 1910,
that the Crown Solicitor or ais Assistant should conduct pro-
-secutions at Assizes on behalf of the Attorney-General can
never be complied with; a Solicitor is not allowed to prosecute
at Assizes.
8.
The other extreme position is that of
the
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