TNAG-0701-FCO40-854-Appointment-of-Attorney-General-and-Solicitor-General-in-Hon-1978 — Page 110

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

2. In his letter of 4th July, 1964 the Attorney-General gave the bar Associatitu a considered ruply on cach of the Association's Resolutions except paruga ̧ù 1(2), on which he asked them for clarification of a point which so far they have but yet supplied. In the ciran tulete it my be that the Bar Association do not expect any further official comment on the Resolutions They did however ask timt a copy of the Resolutions aliould be sent to me and if you think that tiwy e-poet or should be given my view, you should now inform them that a copy of tim Resolutions van cent to the Jacretary of State and that his views, which you luvs been asked to comnicate to the Association, are as follows:-

Paragraph 1(a): The Decretary of State was interested to learn of the viewe

of the Bar Association on the matter of appointment. from the Dar to the Supreme Court Dench, but the Secretary of tuto casmot, of course, give any undertaking as to how future vacancies on the Bench will be filled.

Paragraph 1(1): The Secretary of State does not accept the contention that the District Court (Amendment No. 2) Crdinance ought to bu repealed.

Rewining kosolutions: The Secretary of State has noted the remindag

resolutions and the views of the liong Kong Government theroon as indicuted by the Attorney-Ceneral da his latter of 14th July, 1964 to the Secretary of the Bar Associatiuni m

This may require some variation in the light of comments by tr. chian on Resolution 1(g)]

The Bar Associatica ashed that a copy of their iesolutions should also be sent tɔ the Lord Chance-wr. as indicated in our saving No. 2212 of 25th November, 1963 it has not in dust been twee ht nequeary to trouble the Lord Chanceller with these matters which are, of course, the Secretary of Stute's responsibility. Buggest that in any communication with the Bar Association you need not mentioa the question vi consultation with the Lord Chancellor. If the Association them ask: whether tha desolutlaus vere soon by the lord Chanceller they can be infor...and that it is not clube wary to disclose whether the secretary of State has seon fit to consult way of his collbagua on mittera timt «re within the field of tho Decretary of State's responsibilities.

3. Whether or not you think it desirable to convey to the Bar masociatica these views on their Nusolutions, you will presumably wish to let the Committee of the Association luiv, comente ca tie various new points which they raised in their awuting with is. Ikketude. subject to your views, we do not think a formal reply on these points ie negendary but mugguit that you make such time of our comente me you see fit in further discussions with the Hur Ansociation. The points in question are referred to in subparagraph (2) and subparagraphs (7)~(11) of paragraph 1 of chia suvinngram. na Tegards the point referred to in subparagraph (8), if you agree that acting ap,wintwonts of the kind referred to are objectionable in principle and it is possible to reduce their frequency, we suggest that you aight tell the Comittee of the Bar Association that you have carefully considered their views and that, willle such appointmuts may sometimes be unavoidable oving to the exigencies of staffing, it is your intention that they should be exceptioanl.

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