TNAG-0700-FCO40-852-Appointment-of-District-and-High-Court-Judges-in-Hong-Kong-1978 — Page 5

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At the same time, the Lord Chancellor does sympathise with the needs of Hong Kong to strengthen the Supreme Court Bench there. He would

certainly see no objection from his point of view if practising members of the English Bar of the requisite standing were appointed to serve as judges of the Supreme Court in Hong Kong, though he recognises the practical difficulties because of the relatively early retiring age in Hong Kong. I do think he could commit either himself or any successor to offering a

comparable judicial appointment to a judge who had served in Hong Kong and then came back at, say, the age of 65 to complete his career in England. Precedent does, however, suggest that there would be a reasonable chance

of a judicial appointment though art in the front senk. I do not think

the Bar here would tolerate the appointment of a High Court judge from among those who had gone out to serve in the Hong Kong judiciary and were not, at the time of appointment, in active practice at the Bar here.

The Lord Chancellor appreciates that your suggestion involves the Hong Kong Governments bearing the cost of any additional appointments;

but it is hot the practical difficulties that worry him, but the objections

of principle and I feel bound to say that in his view your suggestion is not

really acceptable.

Sir Denys Roberts, K.B.E.,Q.C.

J. W. Bourne