TNAG-0262-FCO40-298-Appointments-to-judiciary-of-Hong-Kong-1970 — Page 26

RESTRICTED

involved in the propositio

that the practising Bar should be engülted

30/2

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Extract from Note of a meeting between the Bar Committee and Mr. J. C. McPetrie on Friday 27th and Monday 30th November, 1964 at the Legal Department.

Appointments of Puisne Judges from Practising Bar

The Committee suggested that members of the practising Bar

should not be excluded from appointment to the Supreme Court Bench.

They

did not suggest that the present systen under which members of the Legal

and Judicial services are appointed to the Supreme Court Bench should be

discontinued, but wore asking only that when a vacancy occurred nembers

of the practising Bar should be considered along with other candidates.

They were not pressing for an immediate appointment to be made from the

Bar. They were only concerned that it should be accepted in principle

that members of the practising Bar would be eligible for consideration.

Mr. McPetrie said that there were precedents in other territories for

naking appointments to the Supreme Court Bench from members of the

practising Bar. He pointed out, however, that in those territories it

was generally true to say that members of the practising Bar were also

recruited more freely into the lower judicial posts. Mr. McPetric said

that, as he understood it, there was at the moment nothing in law to

preclude a member of the practising Bar from being appointed to the

Supree Court Bench. He would, however, give further thought to the

representations of the Committee.