CO129-603-6 Legal Department- staff vacancies 28-9-1949 - 24-11-1949 — Page 9

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ORIG. ON. 27216/80/49(Temp. File)

The Legal Adviser to the S. of S., The Colonial Office,

LONDON.

Dear Sir Kenneth;

LEGAL DEPARTMENT,

SUPREME COURT BUILDING,

HONG KONG,

3rd November, 1949.

REF. NO..

You will recall, I think, that T.J. Gould has recently been promoted to be a Puisne Judge in Hong Kong. You may also know that J.B. Maingard, who came to us a couple of years ago from Mauritius, is retiring with effect from the 1st June, 1950, for health reasons. He is at present on leave. Thus there is an actual vacancy and a potential vacancy in the Hong Kong establishment of 10 Legal Officers. Appropriate Despatch with particulars has now been sent to the S. of S. asking, that these vacancies be filled. It has been mentioned that effort is being made to recruit locally but the chance that any suitable candidate will be forthcoming here is extremely remote since all legal practitioners, even the most junior assistants in the Solicitor's firms of Hong Kong, are doing extremely well.

2. I write to ask you once again to give our staff needs in Hong Kong very sympathetic consideration, notwithstanding the difficulties in recruiting which may still prevail. Thanks to the advent of the 3 ex Palestine men the staff position of the Judicial and Legal Departments here for the

last year has at last been satisfactory. As a result it has been possible to resolve much more of the confusion resulting from the War and Japanese occupation and to achieve considerable progress in other directions and in particular to contribute very substantially to the maintenance of law and order in Hong Kong during the very difficult period through which we have been passing, and in fact in which we still remain. Our approved establishment is, however, just sufficient to maintain this position while making due provision for leave. The over- all Judicial and Legal establishment exceeds pre-war by only 3+1 (Latimer) on agreement as President of the Tenancy Tribunal. If the two vacancies abovementioned are not filled we must quickly relapse into the position obtaining before last year, which was highly unsatisfactory since the staff position did not enable us despite all individual efforts fully to clean up the War mess or even to keep abreast of the current work or to do it, e.g. on the drafting side, without the danger of serious mistakes resulting from pressure.

3. As regards the recruiting position, I hope the position at Home is now easier. In case it is not I attach a note which I have received from Hooton (Crown Counsel) with a suggestion which you may care to consider for improving recruitment to the Colonial Legal Service. As you will notice, Hooton's note is written from the Crown Counsel angle. But I think that his idea of recruiting inexperienced young men on agreement in the first instance willnequally apply in the case of Solicitors and for duty as an Assistant Registrar General. Certainly in so far as Hong Kong is concerned, on appointment as Legal Officer on agreement a man can be given considerable practical experience whatever his bent or professional training as lawyer may he be, which should ultimately fit him for permanent appointment in the Colonial Legal Service as well or better than some years practice at home of a kind which has been desultory or narrow. Again, on the question of recruiting, has there been much advertisement through the professional journals? You may have noticed an article in the Law Times of the 2nd September, 1949, by Gilcrist Alexander. I doubt if his article can prove very helpful to recruitment.

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