XN000022-1995-07-05 — Page 33

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Mr President, you've heard from the Hon Simon Ip and others the detailed assessment of the Australian Government with which we fully agree. Perhaps I can just remind members of what that says, what the discussion paper says is this: there are many elements included within the term advocacy skills, including ability in oral communication and knowledge of the rules of evidence and practice and procedure. The paper concludes that "these elements of advocacy skills are not the exclusive skills of advocates These skills are generally relevant to the work of solicitors, academic lawyers, and government lawyers and are acquired by them in the course of their work".

LILI

The Administration accepts and agrees with those statements and does not accept the Bar's position. Advocacy experience is not, as I've explained, a current requirement for any judicial appointment in Hong Kong. And we know of no other Common Law jurisdiction where it is a requirement. There are many skills, as we heard this afternoon, many qualities that a judge requires, including the ability to administer legal processes efficiently and effectively, the right judicial temperament, and local knowledge. It would be wrong to single out advocacy experience and to make it a pre-requisite for appointment.

The amendment that would be moved later on this afternoon would limit the extension of the eligibility criteria set out in the Bill. It would also replace all existing criteria for appointment to the Supreme Court of persons other than District Court judges or magistrates.

At present there are several different categories of persons who are eligible for appointment to the Supreme Court. The Bill as currently drafted proposes to extend the pool of those who are eligible. The proposed Committee Stage amendment would involve the deletion of all categories of eligible persons (other than District judges and magistrates). Eligibility would then be restricted to barristers and solicitors qualified in Hong Kong, the United Kingdom or the Republic of Ireland who have for not less than 10 years -

"been engaged in work that would if undertaken in Hong Kong be similar to that usually undertaken by an advocate (whether barrister or solicitor) in the course of a regular practice as such advocate in the Supreme or District Court."