TNAG-0261-FCO40-297-Applications-by-judges-for-admission-to-legal-practise-at-Ho-1970 — Page 16

see (b)

undertaking in question from a District Judge we would in effect be asking him to

comply with the practice that is observed by rotired County Court Judges

of your letter to me of 26 February. For a comparison of the jurisdiction of a

District Judge and a County Court Judge see items 1 and 2 of the enclosed note

entitled Jurisdiction of Certain Judges. The civil jurisdiction is about the same

and though a District Judge has no matrimonial jurisdiction he has an extensive

criminal jurisdiction.

5. As you will see, the Chief Justice does not suggest that existing District Judges should be asked to give an undertaking not to practise. This is right, for we would not be in a position to insist on such an undertaking in their case. The Chief Justice's suggestion as to what should be said to them seems to me to be

broadly on the right lines. They will in any case already be aware that the Government is opposed to practice by retired District Judges from the fact that the Attorney-General was briefed to oppose Williams' application.

6. I would not propose any action as regards Judges of courts of intermediate

jurisdiction in other dependent territories. None have the status of a Hong Kong District Judge. The only ones whose status is at all comparable with that of a District Judge (and in each case the jurisdiction is appreciably lower) are the Bermuda, Bahamas and Fiji Magistrates mentioned in items 3, 4 and 5 respectively of the enclosed note. Fiji is becoming independent this year. Bermuda and the Bahamas have internal self-government and even if we thought it wrong that their Senior/Chief Magistrates should be allowed to practise after retirement we would not seek to

impose our views on local Ministers.

7. From paragraph 4 of the record of their meeting it appears that Roberts-Wray and Coldstream thought of raising the matter with the Bar Council on the grounds, presumably, that a retired District Judge who was a member of the English Bar might complain to the Bar Council if he was precluded from practising in Hong Kong after retirement. From the attitude the Bar Council have adopted on previous occasions, I am sure they would agree that retired District Judges ought not to practise and I

do not think that it is either necessary or desirable to consult them.

Yours Inconly amcorely

ochichis

(J.C. McPetrie)