6.
The prosecution of criminal cases to be conducted by members of
Bar
Mr. de Basto said that during 1967, a total of eleven cases was entrusted to members of the Bar for prosecution in the Supreme Court. All others were conducted by full-time Civil Servants.
His
Association were of the opinion that criminal prosecutions other than those conducted by police officers should be entrusted to members of the practising Bar. There were in fact more Crown Counsel than there were members of the Bar in Hong Kong.
7. The Minister said that he could not accept the principle that all
He prosecutions should be conducted by members of the Bar. suggested that Mr. de Basto, together with his colleagues of the Bar Association should take this matter up with the Attorney-General in Hong Kong. Sir J. McPetrie pointed out that in England a great many prosecutions in subordinate courts were conducted by civil servants, e.g. members of the D. P. P.'s staff.
8.
Interchangeability between members of the Legal Department and
the Judiciary
Kr. de Basto said that a very recent advertisement for a post of Crown Counsel had stated that the person appointed would need to be
His prepared to accept postings to the Judiciary from time to time. Association were opposed to transfers as between the Legal Department and the Judiciary. It was not so much that they regarded such transfers as objectionable in principle; their objection was that, if a member of the Legal Department is appointed to the Bench because he is next in line for promotion, he may prove to be a poor judge. Sir James McPetrie said that he would find it difficult to accept the principle that no such transfers should take place, provided that they were transfers and not short-term secondments. In fact, he was surprised to hear the information about the advertisement since he had been under the impression that the Hong Kong Government had already agreed to cease the practice of such secondments. The matter would, however, be looked into.
9.
The Standard of Legislation generally in Hong Kong
Mr. de Basto explained that most Ordinances in Hong Kong were based on English Acts coupled with modifications to suit local circumstances. The legislation had been drafted in England and was not always appropriate for a population of whom 98% were Chinese. He quoted as an
example the Matrimonial Causes Act of the United Kingdom which had been reproduced in toto in Hong Kong. He considered that legislation
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