TNAG-0193-FCO40-229-Representations-from-Hong-Kong-Bar-Association-particularly--1970 — Page 8

an appointment at the moment.

Cheung was the best available.

In his opinion Mr. Oswald

B

permally

However, the agreed

A

that he was not opposed in principle to the interpre-

to

tation it was proposed put on the criteria which would

A

have to be satisfied as a pre-requisite to such appoint

3.

ments. But if the Bar Association pressed the matter

tham

again at this time they would have to be told, n

appointment was immediately intended.

NOTHING TO BE WRITTEN IN THIS MARGIN

(HKK 14/14)

CONFIDENTIAL

3

Domestic Item No. 1

NOTE FOR DISCUSSION WITH SIR DAVID TRENCH

GOVERNOR OF HONG KONG

24 November, 1969

Appointments from the Hong Kong Bar to the Supreme Court Bench

The Hong Kong Bar Association has been pressing for a number

No such of years for appointments to the Bench from the Bar. appointment has ever been made in Hong Kong, although in some other dependent territories occasional appointments of this kind have been made (and more frequently when a deliberate policy of "localisation" of the Judiciary has been pursued).

2. The Governor has recently accepted "in a very general sense" the principle of an occasional appointment. However, he has said that a pre-requisite to any such appointment should be the satis- faction of three criteria:-

(a)

(b)

(၁)

officers of sufficient calibre were not available in the

Judicial and Legal Service;

a suitable member of the Hong Kong Bar was prepared to accept appointment; and

the circumstances were such that this would not constitute

a legitimate cause of grievance to members of the Judicial and Legal Service.

3. Two of these conditions cause no difficulty, the second being an obvious pre-requisite and the third following the formula we ourselves had proposed in 1965.

If

4m It is the first condition that presents difficulty. officers of sufficient calibre were not available in the Judicial and Legal Service it would be our duty to seek a candidate from outside sources (including the local Bar). However, if this were to be invariably applied as a condition it would frustrate any appointment from the Bar for any other reasons, and we can see one other situation in which such an appointment might be

justified in the public interest. In a letter to the Governor (copy attached) we have proposed that an appointment to the

1

CONFIDENTIAL