TNAG-0352-FCO40-388-Appointments-to-judiciary-of-Hong-Kong-1972 — Page 119

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The bar petition (which refers to the judicial officers' petition) argues that prospects of promotion are not to be looked for by a judge under the United King- dom judicial system and that the seeking of promotion is in itself an undesirable factor affecting the independence of the Judiciary. I must comment that I believe there to be no substance in this; the independence of the Judiciary is unquestioned in Hong Kong. Nor, I believe, is it accu- rate to say that there are no promotions within the U.K. Judiciary.

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The bar petition concedes that the present sys- tem may have been defensible in the past, but argues that, with the growth of the practising bar and the introduction of a law faculty in Hong Kong University, this is no longer the case. It adds that the Bar Association is unaware of any declaration by H.M.G. that judicial appointments may not be made from outside the public service and does not believe that it has ever been intimated to magistrates and District Court Judges that it is a term of service that promotion within the Judiciary should be reserved for public officers. The bar petition concedes that proper incentives must be given to the lower ranks of the Judiciary, but asserts that it offends the tenets of British Justice to appoint Supreme Court and District Court Judges exclusively from the public service.

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The judicial officers' petition puts forward the argument that there are suitable and eligible officers to fill vacancies for Supreme Court and District Court Judges, and that the introduction of private practitioners at this level would constitute a breach of judicial officers' terms of service.

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The latter petition claims that no other part of the public service has been threatened in this way and that a diminution of promotion prospects of this nature would amount to such a loss of career prospects as to justify early retirement and compensation.

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However, officers from outside the public service have occasionally been recruited, with some theoretical de- triment to the promotion prospects of serving officers. has been done in the administrative service, and some Heads and Deputy Heads of Department have been appointed from out- side H.M.O.C.S., two recent examples being the Deputy Post- master General and Deputy Director of Medical and Health Ser- vices. These appointments have been justified to the Public Services Commission on the grounds that there were no serving officers of adequate experience or calibre available to be promoted to these posts. Although promotions within the Judi- ciary are not considered by the Public Services Commission, we normally follow the same principles in dealing with judicial vacancies as with those occurring in other branches of the pub- lic service. If we continued to do so, appointments would not be made from the bar if serving officers of sufficient ability and experience were available.

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