which will, at least for the time being, contain only
one officer, who may be the holder of any post open to
a Legal Officer,
5.
I also understand that your proposal is that
for posting and other establishment purposes (but not
for any other purposes) all Legal Officers would be
under the Attorney-General. It follows that the
Attorney-General would have authority, after
consultation with the Chief Justice, to transfer
officers to and from Magistracies.
Attorney-General.
If the Chief Justice
has agreed to this proposal I do not wish to object, but
I do not think the principle should be accepted if the
Chief Justice is opposed to it. The normal course would
be for changes of this nature to be made by the Govemor
after consultation with both the Chief Justice and the
Further, it is stated in paragraph 6
off your despatch that magistrates would be responsible
to the Chief Justice so far as their judicial work is
concerned; and I am disposed to think that they should
also be under his control in matters of discipline. In
any event you will no doubt agree that the authority of the
Chief Justice and the Attorney-General in this matter should
be precisely defined.
6. As regards the interchangeability of Legal Officers
between the posts of Magistrate, Crown Counsel and
Assistant Registrar-General, I understand that, although
the two branches of the legal profession are, in private
practice, separate in Hong Kong, there will be no difficulty
about appointing solicitors as Crown Counsel; and that
it is also the intention that, if administrative convenien ce
requires this, barristers may have to serve for periods as
Assistant Registrars-General. It may be that this last
liability may prove some deterrent to the recruitment of barristers as Legal Officers, but I agree that in offers
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