TNAG-0352-FCO40-388-Appointments-to-judiciary-of-Hong-Kong-1972 — Page 161

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

3. At the same time, however, it was suggested to

the Governor that:

even when there was a Service Candidate

suitable for promotion to the Bench it might

occasionally be desirable to advance someone from the

Hong Kong Bar who had had extensive experience of

private practice.

4. Such appointments would be "very exceptional"

and might be more acceptable to the Legal Service

were they made when there were two or more vacancies

only one of which was filled from the Bar. The

Governor accepted this proposal but suggested

delaying the reply to Mr de Basto pending the

issue of a Circular to inform the Service of the

change in policy. Because such a course of action

would alarm members of the Service unnecessarily

we suggested to Hong Kong that the letter to

Mr de Basto should be sent without further delay

and that informal reassurances need not be given

to the Service until such time as an appointment

from the Bar was about to be made. As no reply was

received to our enquiry as to whether Mr de Basto had

been informed as we suggested, reminders were sent

telegraphically on 15 November and by letter to the

Attorney General on/14 December.

eral

15. The Attorney General now explains that Mr de Basto

did not receive a/reply because:

(a) he was/ out of the country between July

and September, and

(b) Mr Litton had succeeded Mr de Basto as

Chairman of the Hong Kong Bar Association in June 1971.

The present position is that there are now two

6.

petitions en route to the Secretary of State

/concerning..........

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