TNAG-0193-FCO40-229-Representations-from-Hong-Kong-Bar-Association-particularly--1970 — Page 21

practice than is possessed by the average service

judge. If such an appointment pleased the Bar that

would be an additional bonus, but the desire to

gratify the Bar would not in itself be a justification

for the appointment. There is, however, another public

interest aspect of the matter for where, as in Hong

Kong, one is dependent upon a service to maintain the

structure of the judici ary, the public interest

requires that members of the service should be fairly

treated in the matter of promotion prospects;

and

this means that appointments to the Supreme Court Bench

from the local Bar could only be very occasional.

Both these aspects of the public interest would have

to be considered on any occasion when the possibility

of an appointment from the Bar was contemplated and

the decision would depend on what was judged to be

right in the light of the circumstances at the time.

We are not suggesting that the Supreme Court Bench at

present requires to be strengthened by an appointment

from the Bar, but we should like to know whether you

agree that in principle a very occasional appointment

from the Bar could be accepted on the basis that I

have suggested above.

4.

In the meantime we are asking the experts in the

Ministry of Overseas Development to undertake a study

of pension arrangements and will forward the results

in due course.

Mr.%

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