TNAG-0262-FCO40-298-Appointments-to-judiciary-of-Hong-Kong-1970 — Page 17

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

Registry No. HK K 14/30

SECURITY CLASSIFICATION

Top Secret. Secret. Confidential. Restricted. Unclassified.

PRIVACY MARKING

DRAFT

To:-

Type 1 +

From

E. 0. Laird

D. R. Holmes, Esq, CMG, OBE, MC,

Acting Colonial Secretary,

HONG KONG

.............................In Confidence

"It was rallur

ironical Imr 1.70 Petrie slowld be addressed in surn lerm,

Térm for (though che

Baso does not know this) le

Telephone No. & Ext.

Department

Hong Kong

in September

૩૬

When I was in Hong Kong last month I die-

cussed with Denys Roberts Gerald de Basto's campaign

on the matter of appointments from the Bar to the

Supreme Court Bench.

I raised this because de Basto wrote to McPetrie

last May saying inter alia "the Bar has no reason to

suppose that the present Chief Justice is in any way

opposed to the appointment of practising members of

the Bar to the Supreme Court Bench and the Bar

Committee can only assume that the continuation of the

present policy is one undertaken on your personal advice as Legal Adviser to the Secretary of State".^

This was of course/gressly unfair since MePetrie has

for some time urged acceptance of the principle that

an occasional appointment to the Bench direct from the

Bar may be justified in the public interests even

where there is a suitable Service candidate available.

A copy of de Basto's letter is enclosed.

It was clearly not right that McPetrie should

into a personal correspondence with de Basto 1

be drawninto

regarding the policy of HMG and the Hong Kong Govern-

ment on this matter, and I accordingly agreed with

McPetrie that he should send a simple acknowledgement

to de Basto saying that his letter had been passed to

the Department of the FCO responsible for dealing with

/policy

(118281) Dd. 391599 1,500M 2/69 Hw.

NOTHING TO BE WRITTEN IN THIS MARGIN

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