TNAG-0261-FCO40-297-Applications-by-judges-for-admission-to-legal-practise-at-Ho-1970 — Page 20

Mr. Laird

Reference. HKK.14/19

15/2/1111

15/5/iji

Hong Kong District Judges

On being appointed a Supreme or High Court Judge in a

dependent territory a person is required to give an undertaking

that he will not, without the consent of the Governor or the Secretary of State, go into practice (on retirement) in any

territory where he has been a Judge. The reasons for requiring

such an undertaking and the form of the undertaking are set out in Colonial Office circular despatches 531/52 and 12/53 (copies attached). On the occasions when a retired Judge has been given

permission to practise the permission has been only for a

consulting practice in chambers as visualized by paragraph 4 of despatch 531/52.

2. Such an undertaking has never been required of members of

the judiciary below a Judge of a Supreme or High Court; but in

a letter to me of 26 March at folio 12 Sir Ivo Rigby, Chief

Justice, Hong Kong, suggests that the undertaking should be required from new appointees to the office of District Judge,

Hong Kong. What gave rise to the Chief Justice's suggestion was

an application to be admitted to practise by a retiring District

Judge, Mr. J.T. Williams, which is the subject of the corres-

pondence at folios 1 to 6. This was the first such application

that the Supreme Court had ever received from a District Judge

and, as will be seen from the correspondence, both the Attorney-

General and Counsel briefed on behalf of the Hong Kong Bar

Association intended to oppose the application. In fact the

application was withdrawn by Mr. Williams on his receiving a legal appointment in Gibraltar.

3. On 8 July 1958 my predecessor (Sir Kenneth Roberts-Wray)

and the then head of the Lord Chancellor's Office (Sir George Coldstream) considered this matter and came to the conclusion

that on the whole it would be justifiable to ask a District Judge

to give the same undertaking as is required of a Puisne Judge see paragraph 3 of the note of their meeting (copy attached).

Furthermore, the nearest English equivalent of the District

Judges, namely County Court Judges, do not by long tradition

return to practice and the Bar Council would regard a departure from this tradition as objectionable in principle see (b) of

the letter from Mr. Boggis-Rolfe of the Lord Chancellor's Office

at folio 4.

4. I am disposed to agree with the Chief Justice's suggestion

and, with your concurrence, I should like to put the matter to

the Lord Chancellor's Office, whom we often consult on matters

/relating