TNAG-0352-FCO40-388-Appointments-to-judiciary-of-Hong-Kong-1972 — Page 120

CONFIDENTIAL

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WICK 14/30 (34

1976

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11.

Two Supreme Court vacancies will arise in 1973, though only one consequential vacancy would arise if the next Chief Justice is not appointed from the Supreme Court. However, the Finance Committee of the Legislative Council has recently approved the creation of two additional posts of Puisne Judge. The Chief Justice has informed me that he wishes to give serious consideration to the appointment to one of them of a suitable member of the bar. It can be ar- gued that such an appointment, of one of two new posts, should be less unacceptable to serving officers than an appointment from the bar to an existing post, provided always, of course, that there is a practitioner whose ex- perience and ability both warrants and justifies such an appointment and that he is willing to accept the appointment.

12.

It is possible that an appointment from the bar may lead to pressure from the Law Society of Hong Kong for a state- ment that solicitors may be appointed to the District Court, for which solicitors are eligible. Although there has been no approach of this nature from the Law Society as yet, I am advised that it would be difficult to resist if an appointment had been made from the bar.

13.

Although the number of appointments from both branches of the profession could be limited in number so as not to pre- judice seriously the prospects of serving officers, it may be difficult to re-assure them of this. Consequently, I think we must expect that, since serving officers have in the past always had a monopoly of the senior judicial posts, any alteration of this practice will be strongly resented in the service and may lead to some early retirements and persuade some contract offi- cers not to renew. I do not, however, consider that an occasional appointment from the profession so seriously prejudices their prospects as to justify early retirement with compensation.

14.

It would not, in our view, suffice to reply to either petition in the short terms suggested in Laird's letter of 4th November 1970. I do not see how we can now avoid a clear de- claration as to whether or not there is a possibility of appoint- ment from the bar to the Supreme Court or the District Court. I therefore suggest that a reply should be sent to both groups of petitioner on the lines of the draft circular enclosed with my Staff 32 of 10th March 1971, amended to include reference to the District Court as well as to the Supreme Court and to take into account the objections put forward in Laird's letter.

15.

The reply to the serving officers might briefly state that the S. of S. is unable to agree that all promotion posts within the Judiciary should be reserved for serving officers or that retirement with compensation is justified if occasional appointments from outside the service are made. It should em- phasize that the paramount and over-riding consideration is the interests of the community and the furtherance of the proper administration of justice. A copy of the draft circular might be attached to this reply. The circular itself could be issued generally shortly after the petitioners receive their reply.

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