TNAG-0193-FCO40-229-Representations-from-Hong-Kong-Bar-Association-particularly--1970 — Page 114

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

CONFIDENTIAL

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is appointed to the Bench because he is next in line for promotion, he may prove to be a poor judge". No member of the Legal Department would of course be promoted, even if "next in line for promotion" unless those concerned with filling the vacancy were fully satisfied that he would prove to be a good judge. There has, incidentally, been no appointment directly from the Legal Department to the Supreme Court Bench since the war, though there have been two transfers and one promotion to the District Court from the Legal Department.

Standard of Legislation

Part of the note on this subject suggests that de Basto is thinking of "content" as much as of standards. It is not accurate to say that there are

There are about 12 who do no specialist draftsmen nothing but drafting, though they are not all as experienced in this exacting work as we should like. Contact with the man in the street (whatever that may mean) is surely something which should be sought by It the policy makers, who instruct the draftsman. is for the instructing department not the draftsman to assess public opinion and reaction.

Unofficial Appointments to Councils

This is a matter which has been recently considered by the Governor, who will take it into cons ideration when appointments are next made. One of our doubts about appointing practising barristers is as to their willingness to devote the time necessary to the conscientious performance of the duties of an Executive or Legislative Councillor. Past experience has shown that barristers, by the nature of their practices, are less able to give their services to public affairs than those professional men who are in partnership or in business concerns.

When he hears from de Basto about prosecutions and the standard of legislation, the Attorney General will write to McPetrie, to whom we are indebted for putting so much of our point of view forward during the meeting.

Yours ever,

CONFIDENTIAL

Michael

Cass

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