TNAG-0262-FCO40-298-Appointments-to-judiciary-of-Hong-Kong-1970 — Page 60

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

8) and

el

Mr.Laird

Sin J. Mc Petrie

Я адлям

with 13

Er.. 13/5

I attach a letter that I have received from Mr. Gerald de Basto, Chairman

of the Hong Kong Bar Association.

The Hong Kong Bar have for some time been

complaining that their members are never appointed to the Supreme Court Bench.

Mr. Gaminara knows something of the history of the matter and the relevant

file is HKK.14/14 attached.

2.

The Committee of the Association have evidently decided that I am the

person responsible for frustrating their ambitions (ante-penultimate paragraph

of Mr. de Basto's letter). This is ironical since I have 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 interest even where there is a

suitable Service candidate available see folio 42 on the file.

The last

3. The tone of Mr. de Basto's letter is in places impertinent.

paragraph is also disingenuous. Mr. de Bas to knows very well that thought has

been given to this matter, since it was first raised with me by the Bar

Association when I visited Hong Kong in 1964, for he (Mr. de Basto) discussed

the matter in a meeting with Lord Shepherd here in August 1968 at which

Mr. Gaminara and I were present. The record of my discussion with the Bar

Committee in Hong Kong to which Mr. de Basto refers, is at folio 16/E.

4. I am not going to be drawn into a personal correspondence with

Mr. de Basto regarding the policy of H.M.G. and the Hong Kong Government on

this matter. I should be grateful to know if you would agree to my sending an

acknowledgment in the terms of the attached draft, which I would like to despatch

before the end of the week. We could then consider whether the representations

in Mr. de Basto's letter should be answered officially through the Governor.

тема?

(J.C. McPetrie)

13 May, 1970

Page 60Page 61

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