TNAG-0085-FCO40-121-Reform-of-the-Administration-of-Law-1968 — Page 21

(HA 14/61)

14 14/61 )

CONFIDENTIAL

File Copy

FOREIGN OFFICE,

0.1.1.

5 September, 1968.

In our telegram No.1342 we mentioned that Gerald de Basto, Chairman of the Hong Kong Bar Association, would be seeing Lord Shepherd on 9 August to raise certain matters on behalf of his Association. The meeting took place as planned and I enclose for your information a copy of a note of the discussions. We had hoped that it would be possible for Denys Roberts to attend the meeting, but in the event this was not practicable. He did, however, have a preliminary discussion with McPetrie on the matters that we knew de Basto intended to raise.

2. Most of the issues raised had been the subject of representations by the Association on previous occasions (see the Secretary of State's savingram No.1564 of 17 August, 1965) and de Basto made it clear that so far as he was concerned, by far the most important item was that concerning appointments to the Supreme Court Bench from the Hong Kong Bar. The considerations which obtained when this matter was discussed in 1964 still hold good. At this latest discussion on the subject, no undertaking was given in relation to such appointments but the Minister did agree that the idea should be further examined. It has occurred to us that Creedon's unfortunate death may present an opportunity for making such an appointment. Since this particular vacancy was premature and unexpected, it would be that much more difficult for any of the District Judges in line for promotion to protest if an appointment from the Bar were made to fill it. We feel here that, although appointments of this kind must be exceptional, if we are to maintain a viable system for the administration of justice in Hong Kong, one such appointment at this time might do a lot of good and we should be grateful if you would let us have your views on the subject. terms to be offered to anyone appointed from the Bar would need some thought since they would presumably not include the usual fringe benefits enjoyed by expatriate officers but would have to be sufficiently good to attract the more able members of the Bar and would need to provide for a person appointed from the Bar in middleage to earn a reasonable pension by the time he retired.

The second matter raised by de Basto was the question of entrusting the prosecution of criminal cases to members of the Bar.

M.D.I. Gass, Esq., C.M.G.,

Colonial Secretary,

HONG KONG.

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