LORD
CHANCELLOR
k
HOUSE OF LORDS,
S.W.1
26th February 1970
4/8
Dan ft Petrie,
I enclose a letter which the Lord Chancellor has received from M. H. Jackson-Lipkin, who, as you may know, is a member of the Hong Kong Bar as well as being a
member of our Bar. Lord Gardiner, who has received letters from him before
now.
Jackson-Lipkin is known to
I don't think that we ought to reply on behalf of the Lord Chancellor; but we thought that you might be prepared to give him our answer, perhaps through the Attorney General in Hong Kong. Our answers are as follows:
(
RECEIVED IN REGISTRY No. 51
.9/0
MICK 14/15
(a) The distinction between a High Court Judge in
England (who does not retain his appointment as Queen's Counsel) and a county court judge (who does retain the appointment), is based on the method of appointment. Appointment as Queen's Counsel is by Letters Patent and so is appoint- ment to the High Court Bench. At common law an inferior office conferred by patent merges in a superior office so conferred and is extinguished thereby. An appointment as Q.C. therefore merges in appointment as a High Court Judge. A county court judge, however, is
Sir James McPetrie, K.C.M.G., O.B.E., Foreign and Commonwealth office.
/appointed
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