TNAG-0314-FCO40-350-Appointments-to-judiciary-of-Hong-Kong-1971 — Page 126

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C.S. 20A (Rev.)

CONFIDENTIAL

SAVING DESPATCH

Fn the Governor, Hong Kong

To the Secretary of State for Foreign and Commonwealth Affairs

Repeated to:-

Repeated to:-

Date........... 10 March 1971.

My Reference

CR 4/3221/63

MAISTR

Ни

2

NO. STAFF 32.

No.

No.

1HKK 14/14

Your Reference

Appointment to the Supreme Court

Please refer to Laird's letter reference HK K 14/30

of 4th November, 1970, to the Colonial Secretary.

20

As you will appreciate, appointments to the Supreme Court bench from the bar would be an innovation in Hong Kong and would be regarded by serving officers as a substantial diminution of their career prospects.

3.

So far, however, no official action has been taken to acquaint serving officers with the possibility of such appointments, in accordance with the principles agreed with me in discussion with your legal advisers on 26th November, 1969.

4.

I therefore consider that the time has come to warn serving officers of this possibility and have accordingly prepared a draft Circular, a copy of which is enclosed.

5.

The Circular, which has been agreed with the Chief Justice, would be issued to all officers in the Judiciary and the three government legal departments. It would be unsigned, but accompanied by a short covering note from each head of department, saying that I had, with your approval, authorised its circulation.

6.

I would therefore be grateful for your approval to the terms of the Circular and to the proposed method of giving it publicity.

7.

Meanwhile, I have not sent the reply to de Basto suggested in Laird's letter of 4th November. de Basto vill, in any event, be out of the Colony until April. If the Circular is issued by then, it may be more appropriate to refer to it in any reply to him.

8.

The considerations set out in the Circular will be borne in mind when my recommendations for the filling of two vacancies in the Supreme Court are submitted to you, in the near future. It may well be that the announcement of these appointments would afford a good opportunity for the issue of the Circular.

LABY

Raf.

Encl.

(23)

CONFIDENTIAL

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