CO129-624-4 Public Services Commission- appointment of chairman 1-12-1950 - 30-6-1951 — Page 17

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CONFIDENTIAL

OORA

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ATTORNEY-GENERAL

LAGOS, NIGERIA.

15th December, 1950.

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Dear Nicoll,

Many thanks for your letter; I am looking forward

to my stay in Hong Kong.

Regarding the Chairmanship of the Public Services Commission, let me say at once that I am opposed to the employment of a Judge or indeed a Msgistrate, in any extra capacity which might tend to bring him too much into contact with the public or which might in any way produce a situation which would be embarrassing to him in his judicial capacity or embarrassing to the Bench of Judges or to the administration of justice.

Then again there is the question of divided authority, for it is difficult to see how a Judge, who is remunerated as such and who is also in receipt of remuneration and allowances for the performance of statutory duties under an Ordinance (see clause 7 of the Bill), may easily adjust his duties: is the Chief Justice to have his services only when the Judge declares himself free from his statutory duties or does he perform such duties after consultation with the Chief Justice as to the performance of his normal duties as a Judge? I apprehend that when a Judge is appointed to the Bench his duty must primarily lie to the Chief Justice.

There is the point that a Judge may himself have strong feelings as to his employment as Chairman of a Public Services Commission and if another Judge is to be appointed as suggested then it would have to be made clear to him that he might be nominated for this duty.

On the other hand it does appear from the Bill that the duties of the Commission are purely advisory and I appreciate the circumstances given in your letter which caused the appointment of another Judge to be considered.

In addition I am not familiar with conditions in Hong Kong and I am impressed by the information that the Acting Chief Justice and the Attorney-General see nothing objectionable in principle.

It is true I am Chief Justice but I have not yet taken up my appointment and, save in matters of very grave and permanent import, I am reluctant in any way to fetter the discretion of the Acting Chief Justice and, that being so, Ι would ask that my views in this letter be regarded as opinions only and not as decisions.

views:

(a)

After mature consideration I have formed the following

that if a Judge is appointed his duty lies primarily to the Chief Justice and his sittings as Chairman will be arranged after consultation by him with the Chief Justice;