TNAG-0085-FCO40-121-Reform-of-the-Administration-of-Law-1968 — Page 33

Str 3. Dvelive

Jorubo Wi

Auton Erglind

a great mauf prosecuting in Sabre Dinne Grunda home Concarcareg

Cuail sprotisk es, luen bera

MD.PP.'s

then abgeste hacard lust, it

обучени

of them in que Department is epporalad behean Bench because he I now in line for Promote,

he mout Curve L bea Poor judge.

the opinion that criminal prosecutions other than those conducted by police

officers should be entrusted to members of the practising Bar. There were in

in fact more Crown Counsel than there were members of the Bar ✅ Hong Kong.

7.

mappen aga

The Minister said that he could not accept the principle that all

prosecutions should be conducted by members of the Bar. He 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.

8.

Interchangeability between members of the Legal Department

and the Judiciary.

Mr. de Basto said that a very recent advertisement for a post of Crown

Counsel had stated that the person appointed would need to be prepared to

accept postings to the Judiciary from time to time. His Association were

opposed to transfers as between the Legal Department and the Judiciary. It was

JWT hay pegowded push hausbear go seen

not so much the principle; that they objected

1~

fact that- such

transfers were often used for reasons-of-administrative expediency with

deleterious effects on the Bench. 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.

The Standard of Legislation generally in Hong Kong

9.

Mr. de Basto explained that most Ordinances in Hong Kong were based on

English Acts coupled with modifications to suit local circumstances. The

alwer

legislation had been drafted in England and was not 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 provided in Hong Kong should have regard to the

craftsmen Chinese mentality. There were no specialist draughtsmen in Hong Kong and there

were constant changes in staff engaged in the drafting, His Association felt

that whoever was responsible for legal drafting should have greater contact

with the man in the street. He accepted that certain selected instances of

draft legislation were sent to the Bar for comments but he thought that closer

liaison should be maintained between the Legal Department and the Bar over

this question.

/It