TNAG-0193-FCO40-229-Representations-from-Hong-Kong-Bar-Association-particularly--1970 — Page 43

CONFIDENTIAL

VISIT OF THE MINISTER OF STATE

(LORD SHEPHERD)

TO HONG KONG. MAY/JUNE 1969

Note No. 12

126

REPRESENTATIONS OF THE BAR ASSOCIATION

At a meeting with the Minister in August, 1968 Mr. de Basto,

Chairman of the Bar Association, raised four matters :-

(a)

(b)

(c)

Appointments to the Bench from the Bar.

Interchangeability between members of the Legal Department and the Judiciary.

Prosecution of criminal cases by members of the Bar.

(a) Standard of Legislation in Hong Kong.

It was agreed that he should pursue (c) and (d) with the Attorney

It was left that the Governor would be

General in Hong Kong.

NWR 146 consulted on (a) and (b).

(Annex A).

A record of the meeting is attached

Gojan

2. Points (a) and (b) have been pressed by Mr. de Basto in NWB 14/6 correspondence. In his first letter of 26 September, 1968 (Annex B)

on

he claimed that at the meeting agreement was resched with the Minister "in a number of areas", and indicated that he proposed to report accordingly in his Annual Report to the Bar Association. The Kinister, NWR 4/6 in his reply of 17 October (Annex C), emphasised that the discussions

had been purely exploratory and it would not be proper for him to

report to the BarAssociation on the lines proposed. Mr. de Basto has maintained the pressure in letters of 28 March (Annex D) and 15 May (Annex E).

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3. The points made by Mr. de Basto were put to Hong Kong in Awej/ Mr. Mason's letter of 5 September, 1968 (Annex F). Sir Michael Gass's

reply of 28 November (Annex G) has been examined by Legal Advisers and this department. The Ministry of Overseas Development has been consulted on certain aspects. The results of this examination of

the two points it was agreed to refer to the Governor are given below.

CONFIDENTIAL

/ 4.