TNAG-0193-FCO40-229-Representations-from-Hong-Kong-Bar-Association-particularly--1970 — Page 64

Mr. Carter

Reference HKK 14/14

21

If a member of the local Bar should be appointed to the Supreme Court Bench then it is quite likely that some member of the Judicial or Legal ServiceClaim that he is entitled to retire on pension and payment of compensation on the ground that his case is analogous to an officer being passed over for promotion under a limited compensation scheme. However, if such appointments are made only occasionally, then I think such a claim can be rejected. The position is not analogous to an officer being passed over under a localisation scheme. In the latter case an officer is passed over by a member of the Service who is less well qualified for promotion than the officer is. In the former case the member of the local Bar would presumably be as well qualified as any member of the Service and, in fact, probably better qualified in that he would have had a much wider experience in private practice than members of the Service would have had either as Magistrates, Crown Counsel or District Judges.

2. If members of the local Bar were to be considered pari passu with members of the Service for promotion to the Supreme Court Bench, members of the Service might be able to maintain a claim for compensation for loss of career prospects.

3. On the question of pensions, I agree with Sir James McPetrie, Unless special provision was made in respect of Judges appointed from the local Bar the probability is that they would reach retiring age before having served sufficiently long to qualify for a pension. Also the relevant factor would have to be greater in their case than in the case of a career officer, otherwise the pension that would be received would be somewhat derisory, But this does not mean that their terms as regards pensions would be better than terms given to career officers.

caf fratte Beller

(Sir A. Grattan-Bellew)

8 April, 1969

20

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appointments were made from the Barr to the Bench in Nigerian in the early 50's

(before compensation schemes

compensation schemes were introdnied);