CO129-603-8 Legal Department- reorganisation 17-3-1949 - 29-12-1949 — Page 26

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5

ubjects and Reasons.

1. It has been found expedient in the interests of recruiting

and to make the best and most economical use of personnel to establish

a Registrar General's Department, to unite as the Legal Department the

Attorney General's and Crown Solicitor's departments and to abandon

within such departments for many purposes the distinction between

barristers and solicitors.

2.

In practice the substantive appointments of Attorney General

and Solicitor General will only be filled by barristers. It is

necessary, however, to permit of any appointment as a legal officer

(as defined) being filled by a barrister or solicitor according to the

suitability of the particular officer for the duties assigned to him

and the availability of personnel. In the event of enactment in the

Colony of legislation similar to the Crown Proceedings Act in England

it will become all the more necessary that legal officers should be

authorized to act both as barristers and solicitors in respect of any

matter which consistently with their position as Government servants

they may be called upon to undertake so as to avoid duplication and

facilitate the recovery of costs and fees.

Bill so provide.

3.

Clauses 3, 4 and 11 of the

It is, however, necessary to ensure that so long as there is

no fusion of the two branches of the legal profession within the

Colony the professional status of a barrister or solicitor respectively

should not be prejudiced by his entering Government service as a legal

officer. It is also necessary that the rights given to legal officers

by the legislation proposed should be limited to the duration of their

employment as legal officers and that thereafter they should be subject

to the Legal Fractitioners Ordinance, 1948. Appropriate provision is

made by clause 13 of the Bill.

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Definition of the rights and privileges of legal officers

and of the work which legal officers shall discharge is made by clauses

3 and 4, clause 4 being largely based on section 3 of the Crown

Solicitors (rdinance, 1912. It is considered that the matters in