TNAG-0261-FCO40-297-Applications-by-judges-for-admission-to-legal-practise-at-Ho-1970 — Page 21

Reference.......

HKK.14/19.

relating to the judiciary. When we have their views we can then decide whether, and if so in what terms, to raise the matter

with the Governor, for there is no indication of his views in the

Chief Justice's letter.

5. It is conceivable that the District Judges would claim that

it was unfair to ask them to give an undertaking not to

practise after retirement having regard to the fact that their retiring age is 55, as opposed to 62 for a Judge of the Supreme Court, and this is a matter on which the Governor may have views.

But the argument that an undertaking not to practise may cause hardship to certain individuals could not, I think, be allowed to prevail if it was regarded as objectionable in principle that

retired District Judges should practise in the courts. The way to

avoid such hardship while observing the principle would be to

raise the retiring age of District Judges, though admittedly

such a step would initially at any rate cause consternation among the Magistrates who are waiting for promotion to the

District Court. All the best District Judges, of course, achieve

promotion to the Supreme Court before they reach the age of 55

and of the remainder Mr. Williams, as I have said, is the first

to have expressed a wish to practise in Hong Kong on his

retirement. It may be, therefore, that the expatriate District

Judges would not be worried by an undertaking not to practise,

though, with the present retiring age, it might be different

in the case of a local man who would be expecting to remain in

Hong Kong after retirement. There are at present two local

Judges in the District Court who are, I think, the first to

have been appointed.

In his letter the Chief Justice also makes a suggestion

for dealing with existing District Court Judges, who were not

6.

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of course required to give any undertaking at the time when they were appointed. These Judges will already be aware, as a result

of Mr. Williams case, that the Government is disposed to oppose

an application by a retired District Judge to be admitted to practise. In general I agree with the line which the Chief

Justice suggests he might take with existing District Judges, though I shall have a rather less abrupt form of words to

propose when we write to the Governor.

JCM?

(J.C. McPetrie)

21 April, 1970