CONFIDENTIAL
HKK 11/14
Chier b&C 209/77/04 RC
Sir Hugh Norman-Walker KCMG OBE
Colonial Secretary OG KONG
LAST
R.
128
7 July 1971
APPOINTMENT TO THE SUPREME COURT
1.
I am very sorry that you had to send a telegram asking what was happening about the proposals in your saving despatch No. Staff 32 of 10 March. Owing to a misunderstanding
in the ODA we have only now reccived their views on the matter. I hope that the delay has not inconvenienced you in any way.
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2
By the time you receive this you will have had my telegram No 4:
(for convenience I an enclosing a copy of that telegram with this letter). We have of course discussed your proposals with the legal advisors and my telegram and this letter are cased on their views with which both the ODA and we in Hong Kong Department agree. In amplification of what I said in the telegram I should explain that it is thought here that if the circular were issued the members of the Service might well regard it as part of their conditions of service and the ters of the circular might give members of the Service scope for maintaining that their conditions of service were being contravened by a particular appointment from the Bar. Under paragraph 4 they might allege either that there were officers of sufficient calibre available in the Service or that the appointee from the Bar was not suitable. Alternatively, under paragraph 5, they might maintain that the experience of the person selected from the Bar was not such as would stren then the Bench, These, of course, are all matters of subjective judgment; the decision must lie with the Crown; and the Crown ought not to be put in a position (as it might be if the circular were issued) of having to justify its decision as not being a contravention of the conditions of service applying to existing members of the subordinate judiciary or the legal staff.
3. If you agree with these views it seems to us that we could satisfactorily proceed as follows:-
(Sypres !!
(a) Let Hr de Basto have the reply suggested in my letter
to Ronnie Holmes of 4 November 1970; and
1(6)
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