TNAG-0314-FCO40-350-Appointments-to-judiciary-of-Hong-Kong-1971 — Page 127

DRAFT CIRCULAR

APPOINTMENTS TO THE SUPREME COURT

Members of the Judiciary and of the three "legal"

departments of the government (Attorney-General's Chambers,

Registrar-General's Department and the Legal Aid Department)

will be aware that, in recent years, the possibility of

appointments to the Supreme Court bench direct from

practising barristers has been discussed.

2.

No such appointment has ever been made in Hong

Kong, though occasional appointments of members of the Bar

to the Supreme Court have been made in other former dependent

territories where there was a professional Judiciary of the

same kind as that which exists in Hong Kong. In the future,

however, it is possible that there may be such appointments.

The object of this circular is to inform members

of the principles which will apply. These have been approved

by the Secretary of State, after consultation with the Governor.

The general principle is that appointments from

outside the Judicial and Legal Service (which includes serving

officers in other overseas territories) will not be made

unless

3.

4.

(a)

officers of sufficient calibre and experience

are not available in the Judicial and Legal

Service; and

(b)

a suitable member of the Hong Kong Bar is

5.

prepared to accept appointment.

However, it is possible that, in very exceptional

circumstances, an appointment might be made from the Bar even

if serving officers of sufficient calibre and experience

/are