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2.
3.
e. Even so, it seems to me that the possibilities of recruitment from the English bar would have to be thoroughly explored before we could support Sir Denys Roberts' scheme.
The Hong Kong Government's recent attempt to recruit an Attorney-General from the English bar has produced three or four eligible candidates and suggests that there might be a number of English barristers who would consider appointment to the Hong Kong bench. If so I doubt if we need pursue Sir Denys Roberts' idea, which does not commend itself to Mr Bourne, at the present time.
The nearest analogy I can recall was when two English County Court judges were seconded to the High Court of Uganda after independence and although I have never seen a considered assessment of how this worked, I believe the judges seconded were troublesome to the Uganda Government over their terms and conditions (though I suppose this is to be expected from any lawyer not enured to the Civil Service). If County Court judges were thought good enough for Uganda, it may be questioned whether High Court judges are needed for Hong Kong it seems to me a bit like patching an old suit with new cloth.
4. The present Chief Justice of Hong Kong has on a number of occasions over the years, expressed to me the desirability of making some appointments from the English bar, indeed he was strongly of opinion that the Chief Justice should come from this source! If (as I now believe) this might be feasible, I think it would provide an easier and better solution that the regular importation of High Court judges, though admittedly the two expedients are not mutually exclusive.
5.
My inclination is to put Sir Denys' idea on ice, without rejecting it out of hand, until the feasibility of making appointments from the English bar has been put to the test.
21 November 1978
Mr
A.R.R.
AR Rushford
Deputy Legal Adviser
1. I there the Luchford's wichination, for the ressort which he indicates.
2.
D Roberts
Diving
Am
rather furprised, incidentally, that for
did not mention this idea to ws
Mr Hurne.
it with Mi
before
Sem
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