TNAG-0352-FCO40-388-Appointments-to-judiciary-of-Hong-Kong-1972 — Page 156

53

-B

Nr Wilford

Sir Lionson

Mr Logan✓

HONG KONG:

1.

Аристо

APPOINTMENTS FROM THE BAR TO THE BENCH

ÁR

A reply has not yet been sent to Mr Tilney's letter of

11 October about appointments from the Bar to the Bench.

2. It was agreed with Sir David Trench largely as a result

<

of repeated representations from Mr Gerald de Basto, Mr

Litton's predecessor as Chairman of the Hong Kong Bar Association

that even when there was a service candidate suitable for

promotion to the Bench it might be desirable to advance

someone from the Hong Kong Bar who had had extensive experienc e

of private practice. It was also agreed that such appointments

would be "very exceptional" and that they might be more

acceptable to the legal service if they were made at a time

when there were two or more vacancies only one of which was

filled from the Bar.

3. In his saving despatch No Staff 32 of 10 March 1971

the Governor proposed that a circular be issued informing

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) of the

possibility of the appointment of members of the Bar to the

Supreme Court and setting out the principles that would be

However

applied. /the Legal Adviser (Sir James McPetrie) felt that

it would be wrong in principle for the Hong Kong Government to

issue a document which in effect would fetter the Crown's

/discretion