XN000022-1995-07-05 — Page 35

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Mr Mathews pointed out that advocacy experience was not a current requirement for any judicial appointment in Hong Kong, and there was no other common law jurisdiction where it was a requirement.

He referred to a discussion paper issued by the Australian Government which demonstrated that 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'." he said.

"There are many skills, as we heard this afternoon, and 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," he added.

He said the amendment moved by Mr Lee had serious and wide-reaching implications for appointments to the Supreme Court bench, and the Administration had identified the following problems:

Under the current law, lawyers who are qualified in a Commonwealth country other than the United Kingdom, Ireland or Hong Kong can become eligible for appointment to the Supreme Court, and there are several Supreme Court judges with such qualifications: under the Committee Stage Amendment persons with such qualifications could not become eligible.

The amendment could make it more difficult than at present to recruit judges for the Supreme Court.

The Committee Stage Amendment would make the eligibility criteria for appointment to the Supreme Court completely different from those for the District Court and magistracy.

The Attorney General said it was crucial for the administration of justice and the rule of law in Hong Kong that experienced lawyers who were suitable for appointment to the Supreme Court should not be excluded from appointment by narrow eligibility requirements.

"The Bill will help to prevent this happening and I urge all Members to support it," he said.

End/Wednesday, July 5, 1995