TNAG-0085-FCO40-121-Reform-of-the-Administration-of-Law-1968 — Page 22

CONFIDENTIAL

Bar.

You will see from the enclosed note that it was left that the Bar Association would take the matter up with the Attorney- General in Hong Kong. We do not know if there is any scope for increasing the number of prosecutions entrusted to members of the Bar; but we appreciate that the Crown must be able to rely on counsel who are to conduct prosecutions being available for that purpose as and when required and this consideration may militate against the briefing of private practitioners from a comparatively small and busy Bar. We were, incidentally, surprised at

de Basto's assertion that Crown Counsel out-number members of the Bar in Hong Kong. Is this in fact so?

The question of transfers as between the Legal Department and the Judiciary was then mentioned. We were somewhat surprised to hear of the advertisement referred to by de Basto since we were under the impression that short-term secondments no longer occurred. This matter was fairly fully examined in correspondence ending in the Governor's savingram No.158 of 12 December 1966 and we should be grateful to learn the present position. As regards permanent postings (as opposed to secondments) from the Legal Department to the Judiciary, McPetrie pointed out that in England Treasury Counsel, on both civil and criminal sides, were often appointed to the Bench. De Basto conceded this but said that the fact that the Bench is regarded as a legitimate avenue of promotion for a member of the Legal Department can on occasion result in unsatisfactory appointments to the Bench. Though we did not say so to de Basto, this is a risk which is also inherent in an appointment made to the Bench from the Bar.

The last of the purely legal matters mentioned by de Basto concerned the general standard of legislation in Hong Kong, a subject which to the best of our knowledge has not previously been raised by the Association. You will see that de Basto has been advised to put his ideas in writing and send them to Sir James McPetrie via the Attorney-General, Hong Kong, so that the latter can add his comments when forwarding them,

Finally, de Basto's comments on appointments of unofficials to the Legislative and Executive Councils we took to be a plea to consider the claims of members of the Bar when such appointments were being made. But we have no doubt that the Governor has not over-looked this source of material in his never ceasing search for talent.

It is perhaps worth mentioning that de Basto appeared to be anxious to see the Minister on his own. Brooke Bernacchi and Lytton (Secretary of the Bar Council) were both over here at the time, but neither of them accompanied de Basto at the meeting, probably because neither of them was immediately available. We found de Basto extremely pleasant and co-operative throughout although this did not hamper the presentation of his case.

CONFIDENTIAL

(R. H. Mason)