TNAG-0193-FCO40-229-Representations-from-Hong-Kong-Bar-Association-particularly--1970 — Page 12

(ony of (37)

following the formula we ourselves had proposed in

1965.

4. It is the first condition that presents

difficulty. If officers of sufficient calibre were

not available in the Judicial and Legal Service it

would be our duty to seek a candidate from outside

sources (including the local Bar). However, if this

were to be invariably applied as a condition it

would frustrate any appointment from the Bar for any

other reasons, and we can see one other situation in

which such an appointment might be justified in the

public interest. In a letter to the Governor

(copy attached) we have proposed that an appointment

to the Supreme Court Bench from the Hong Kong Bar

should be considered in two situations -

(a) where there was no Service candidate good enough

to fill the vacancy; or

(b) where, though there was a suitable Service

5.

candidate available, it was desired to strengthen

the Bench by appointing someone with more

extensive experience of private practice than

is possessed by the average member of the Service,

The Governor, who has not yet replied, but who

has asked that this subject should be discussed, may

be intending to argue that an appointment from outside

the Service at any time when there was a suitable

Service candidate would constitute a legitimate cause

of grievance. We would not accept the view that

career prospects of Service officers were seriously

prejudiced by the very occasional appointment from the

Bench as in (b) above. They would of course be

/ prejudiced

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