TNAG-0085-FCO40-121-Reform-of-the-Administration-of-Law-1968 — Page 31

1968

NOTE OF MEETING HELD ON 9 AUGUST IN LORD SHEPHERD'S OFFICE

Present:

Lord Shepherd

Sir James McPetrie (Legal Adviser)

Mr. Godden (for part of the time )

Mr.

Gaminara

Association

Mr. Gerald de Basto (Chairman of the Hong Kong Bar

At the Minister's invitation, Mr. de Basto explained that there were

certain matters which he wished to discuss with the Minister on behalf of

his Association. He said that when he left Hong Kong there had been a

certain amount of misunderstanding on the part of the Press and others;

Some speculation

and there had been/a-general belief that he was coming to London to discuss

Constitutional developments. He had done his best to clear up this

misunderstanding and he wanted to make it clear that the Hong Kong Bar

Association had at the moment no concern in Constitutional talks: they were

of the opinion that the Constitutional status quo should be maintained.

Appointment of practising Barristers from the Hong Kong Bar to the

Bench of the Supreme Court of Hong Kong.

2.

Mr. de Basto said that this was the most important point that he wished

to discuss. His Association was of the opinion that appointments to the

Supreme Court Bench in Hong Kong should be made from the Bar rather than

Jucheral and

from the Legal Departments as at present. Ideally, all such appointments

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should be made from the Bar sinee this would dispel any doubts that the

community might have that the Supreme Court Bench was not completely

impartial as between Government and non-Government parties. He realised

that this needed to be a gradual process, but he thought that it was a process that should be started without delay. So far, no appointments to the Supreme Court Bench had been made from the Bar. The Constitution of the Hong Kong Bar Association had changed in 1967 and the annual statement of

the Chairman was now expected to contain a critical review of the

was administration of justice in the Colony. This statement is distributed widely to various bodies such as 'Justice 'and the latest such statement

contained certain criticisms of the situation in Hong Kong. He thought it

only fair that he should mention this to the Minister.

A

13.