TNAG-0398-FCO40-444-Appointments-to-supreme-and-district-courts-from-the-Bar-in--1973 — Page 40

6.

Sir Ivo considered Mr. de Basto to be a competent, conscientious and hardworking lawyer and that his appointment to the District Court would be an asset to the Bench. Subject to your approval, I propose to offer him appointment as a District Judge on agreement of which the term would be until the normal statutory retiring age of 55 and on expatriate terms of service without the usual provision for the termination of the agreement by the Government on giving three months' notice. Dispensation with the usual provision for termination is recommended as such a provision is incompatible with the degree of security which appointment to a judicial office carries.

7.

Mr. de Basto has requested that, if he is appointed a District Judge, he be relieved from giving the usual undertaking not to engage in private practice in Hong Kong or leaving the Bench, without the consent of the Governor or the Secretary of State, on the ground that if his agreement as a District Judge were, for one reason or another, terminated, it would operate particularly harshly upon him if he were not permitted to return to private practice. This request was made in the belief that he would be granted the normal 2 year contract. So far as this Government is concerned, there is no objection to a modification of the usual undertaking so as to allow Mr. de Basto to return to private practice so long as he elects to do so within the period of three years (the normal 2 year tour of duty plus leave) from the date of his first appointment.

8.

Mr. de Basto had initially requested that his appointment be deferred until September 1973. This is acceptable to me because it appears to be the normal practice in the United Kingdom to allow a person appointed to the Bench sufficient time to dispose of his professional commitments before taking up office and also because it has not proved possible in any case to make an earlier recommendation because of the need to complete the usual formalities.

9.

of age.

Mr. Liu was born in Hong Kong on 17th May 1931 and is 42 years He was educated in Hong Kong and was called to the English Bar (Lincoln's Inn) in July 1957. He is married with one son and one daughter aged 18 and 15 respectively. He was admitted to the Hong Kong Bar in March 1959 and has since been in continuous practice here.

10.

In Sir Ivo's view Mr. Liu is a competent lawyer, hardworking and conscientious, and would make a good District Judge. Despite his relative youth, he has been particularly successful at the Bar. He intends to retire from practice at the Bar within the next two years in any event, but has indicated that before doing so he would seek to fulfil a life-long ambition to be appointed a Queen's Counsel. He has indicated his willingness to accept an appointment as a District Judge on agreement, but only after he has fulfilled this ambition. He applied for appointment as a Queen's Counsel in April and his application was

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