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Mr Mathews said although some people had expressed concern that it might be difficult to assess the suitability of a solicitor who had not appeared as an advocate or did not have the right of audience before the Supreme Court, this should not pose any insurmountable problem.

He said: "Apart from Mauritius, Hong Kong appears to be the only common- law jurisdiction which no longer provides any avenue by which a solicitor may be directly appointed to the High Court.

"Other jurisdictions which have introduced these avenues have been able to devise means of assessing the suitability of solicitors for appointment to the Bench. I am sure that Hong Kong can do so too," he added. Mr Mathews said the proposed amendment was concluded after the Administration had a series of discussions with the Bar Association and the Law Society.

Debate on the bill was adjourned.

End/Wednesday, February 15, 1995

Supreme Court (Amendment) Bill introduced to LegCo

Following is the speech by the Attorney General, the Hon Jeremy Mathews, in moving the second reading of the Supreme Court (Amendment) Bill 1995 in the Legislative Council today (Wednesday):

Mr President,

I move that the Supreme Court (Amendment) Bill 1995 be read the second time. The Bill puts forward an amendment to the Supreme Court Ordinance to expand the current eligibility criteria for direct appointment to the Supreme Court to include solicitors who have practised as such in Hong Kong for at least 10 years.

Members will recall that this Council passed, on 6 July last year, the Supreme Court (Amendment) Ordinance 1994 which established a formal system of appointing experienced barristers as recorders of the High Court, who would sit as temporary judges for specific periods. The qualifications for appointment as a recorder are the same as those in respect of permanent appointment to the Supreme Court, as set out in section 9(1) of the Supreme Court Ordinance. A legal practitioner in private practice is eligible for either appointment if he or she is a qualified barrister and has practised for at least 10 years as a barrister or solicitor.