TNAG-0398-FCO40-444-Appointments-to-supreme-and-district-courts-from-the-Bar-in--1973 — Page 41

In

submitted to you under cover of my despatch dated 2nd May 1973. view of the importance which Mr. Liu appeared to attach to appointment as a Queen's Counsel, the Acting Chief Justice has seen him again very recently because both he and the Acting Attorney General consider that you may be unwilling to recommend the appointment as a Queen's Counsel of a person who is almost immediately to assume judicial office. Mr. Liu then said quite definitely that he would not accept appointment as a District Judge if, being considered suitable in all other respects, the appointment would mean that you would not feel able to recommend his appointment as a Queen's Counsel. There seems little doubt that he is in fact looking for both. I should be glad if I may be consulted before a final decision is taken if you do not feel able to recommend Mr. Liu's appointment as a Queen's Counsel in the light of his appointment to the District Court.

11.

If Mr. Liu is appointed a District Judge he is prepared to give the usual undertaking that he will not after leaving the Bench engage in private practice without consent, though he will be given an opportunity to have the same modification as that which will be conceded to de Basto (see paragraph 8).

12.

The question of appointing members of the local Bar to the District Court was recently the subject of two petitions addressed to you, one from the Hong Kong Bar Association and the other from a group of officers in the Judiciary. The replies to these petitions were contained in your confidential telegram No. 886 of 13th October 1972. In this connection, I confirm this Government's full agreement with the views expressed in paragraph 7 of Mr. E.0. Laird's letter (HK K14/30) of 4th November 1970 to Sir Ronald Holmes (then Acting Colonial Secretary) in respect of appointments to the Supreme Court that "it might occasionally be desirable to advance someone from the local Bar who had had extensive experience of private practice" even if there were a Service candidate suitable for promotion. It is felt that these views should also apply to appointments to the District Court and my recommendation for the appointment of Mr. de Basto and Mr. Liu is therefore made with this in mind.

13.

I should be grateful for

approval of the appointments

of Mr. G. de Basto, Q.C. and Mr. Benjamin LIU Tsz-ming as District Judges on agreement on the following terms:

(a)

Mr. de Basto

on expatriate terms of service, and on agreement of which the term should be until the normal statutory retiring age of 55, but without the usual provision for the termination of his appointment by the Government on giving three months' notice;

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