TNAG-0262-FCO40-298-Appointments-to-judiciary-of-Hong-Kong-1970 — Page 23

Confidential

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Sir J. McPetrie

Sir L. Monson

Appointments from the Bar to the Supreme Court

Bench in Hong Kong

Mr. de Basto wrote to Sir James McPetrie on 7 May

complaining about the way in which appointments are made to the

Supreme Court Bench in Hong Kong. The letter was both rude

and disingenuous.

2. With the agreement of the Department, Sir J. McPetrie

acknowledged receipt of the letter saying simply that it had been passed to the Department of the FCO responsible for dealing with policy questions relating to Hong Kong. Is any further action necessary ?

Recommendation

3. I recommend that the letter, of which a draft is attached,

be sent to the Acting Colonial Secretary, Hong Kong. Background

4. At an Extraordinary General Meeting of the Hong Kong Bar Association held on 13 June, 1963, the Association passed a

series of resolutions dealing with reform to the administration

of law in the Colony. The first resolution recommended -

"That the practice obtaining at present of appointing only

members of the Colonial Legal Service to the Supreme Court

Bench be discontinued and that in conformity with the well-

established practice in the United Kingdom Barristers in private practice of at least 10 years' standing at the Hong Kong Bar shall in suitable cases be appointed thereto". 5. On 4 July, 1964, the Attorney-General Hong Kong wrote to the Secretary of the Hong Kong Bar Association saying, among other things, that "any departure from the practice at present prevailing in regard to appointments to the Supreme Court Bench is of course a matter for the Secretary of State, who advises Her Majesty The Queen on these appointments and is responsible for the Overseas Judiciary and Overseas Legal Service as a

whole".

Confidential

16.