TNAG-0193-FCO40-229-Representations-from-Hong-Kong-Bar-Association-particularly--1970 — Page 45

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7.

Sir James McPetrie, the Legal Adviser, has commented as follows on the correspondence with Hong Kong :

"I agree with his rejection of Mr. de Basto's argument that such appointments are desirable in order to dispel doubt

I think he about the impartiality of the Supreme Court Bench.

is right, too, in suggesting that Mr. de Basto's request was really motivated by the desire of the Hong Kong Bar Association to see some of its members appointed to high judicial office. That is a perfectly understandable and honourable desire which does not need the support of far-fetched arguments such as that referred to above. Indeed where a Supreme Court Bench is entirely or predminantly composed of Service judges it could be in the public interest to make an occasional appointment direct from the local Bar, since such an appointee could have a genuine contribution to make to the administration of justice by virtue of his having had much greater experience of private practice than the average Service judge. Equally, of course, where one is dependent upon a Service to maintain the structure of the Judiciary, it is in the public interest that an appointment to the Bench direct from the Bar should not be made in circumstances in which it would constitute an injustice to the Service and hence a legitimate cause of grievance. The weighing of these two opposing aspects of the public interest must be a matter of judgment on each occasion in the light of the circumstances at the time; but I think one can safely say that in a situation such as one has in Hong Kong one could not contemplate more than a very occasional appointment from the local Bar."

And more recently he added the following comment :

"Sir Michael Gass proposes as one of the conditions that would have to be satisfied before an appointment could be made from the Bar that "(a) officers of sufficient calibre were not

We could not, available in the Judicial and Legal Service".

I think, agree to a firm condition to this effect if, as I have suggested in my minute at (5), the object or one of the objects of making an appointment from the Bar was to introduce onto the

Bench

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