CO129-452 - Others & Individuals - 1918 — Page 418

Mr.CollinsT Mr. Grindle.

The Legal Practitioners Ordinance, 1871, does

not apply to the Attorney-General and other Law Officers (section 53). Otherwise sections 20 and 21 'would ex-

pressly exclude a layman acting as Attorney-Generalfrom

appearing in the Courts.

In the absence of statutory provision on the

subject the position in Hong Kong àppears to be the same

as in England.

Here the Attorney-General has right of audience

in the Courts not because he is Attorney-General but

because he is a barrister, and he has right of precedence because he is the barrister who holds the appointment of

Attorney-General.

It is unthinkable that a layman should ever

be appointed Attorney-General in England, and

na(he/it

were

I feel confident that any Judge would refuse him right of audience (unless of course he were appearing as a litigant in person in a private matter).

If Mr.Wood or Mr.Nisbet were appointed to act as Attorney-General in Hong Kong and appeared in Court the Junge woulu no uoubt consider it his duty to take

the same course.

Even if Mr. Wood or Mr.Nisbet was so appoint- ed, and his duties were confined to those of a purely advisory character and drafting Ordinances, etc., the difficulty with the Court might still crop up if he purported to perform any duty of the Attorney-General out of Court with regard to a matter which would come before the Court, e.g. giving consent to certain prosecu tions.

We ought not to sanction a course which might very well result in such a public sensation as would be caused by the Acting Attorney-General being denied recognition as Attorney-General in the Courts

and the consequent friction which might arise between

A

the Governor and the Judges.

414

Consequently I would not approve of the Governor appointing any layman to act as Attorney- General without covering Hong Kong legislation of the same character as that in, e.g., the Gold Coast where section 5 of the Law Officers Ordinance 1894 (added by

Ordinance 8 of 1907 section 10) runs as follows:-

"Every person holding the office of Attorney-

General or Solicitor General shall, so long as he

continues to hold such office, be deemed to be a

barrister of the Supreme Court ex.officio".

Moreover in order to cover acting appointments

it would be necessary to amplify the above provision

by inserting "or acting as" after "office of", and

"or act in" after "hold".

and Le The Governor asked for a telegraphic reply.

3.5hni

19/4/18

?Telegraph.

amidward alumish "aborrido Regret cannot approve appointmish

appose

of layman

Long

to act as Attorney General, Despatch follows.

? And follow up by despatch explaining the

position and writing as at A with reference to legisla-

tion. Also send him copy of 53684.

19.

H.A.

AEC 18/11/18

18.11

9.8.19.118

the