TNAG-0193-FCO40-229-Representations-from-Hong-Kong-Bar-Association-particularly--1970 — Page 27

HKK 14/14

Foreign and Commonwealth Office

London S.W.1

28 July, 1969

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Thank you for your letter of 26 June in which you raise the question of what reply should be returned to the representations of 25 February addressed to the Registrar by eighteen Magistrates.

I have discussed your letter with the Hong Kong Department. We agree that you should reply to the Magistrates on the general lines you suggest but with the following qualifications

Your (a). To base your refusal on the ground that judicial and legal officers belong to "a unified service" could provoke inconclusive discussion as to the correctness of this statement. We suggest that the answer should be rephrased as follows: "Opportunities for appointment to judicial office must continue to be open to all those within the service who are considered suitable and no undertaking can be given that the appointment of a member of the Legal Department to a judicial, office will be matched by a reciprocal appointment of a member of the judiciary to an office at equivalent level in the Legal Department."

Your (b). We do not think that the addition suggested by you is advisable. If, however, you wish to introduce the thought that an appointment from the local Bar would be exceptional, we would not object to your rephrasing the first half of (b) to read: "Members of the practising Bar in a dependent territory have on occasion been appointed to the Bench and it seems unlikely etc." I do not in any case care for the opening of (b) as it now stands. Why throw away the point that there has never yet been an appointment from the Bar in Hong Kong, particularly when you are not certain (and neither am I) that this is so?

We have no objection to your suggestion that the reply to the M.

should contain an undertaking to refer the matter to the Secretary of State if the Magistrates still so wish. But you would, of course, have to clear this with the Governor since the reference of the Magistrates' representations to the Secretary or State would be his responsibility.

Sir Michael Hogan, C.M.G.

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(J.C. McPetrie)