TNAG-0701-FCO40-854-Appointment-of-Attorney-General-and-Solicitor-General-in-Hon-1978 — Page 112

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

criminally incllaed young men by the existing practice of the Magistrates, we do not see why the legislation suggested by the Bar Association should have such in effect.

Sucrestins for a Leritination Ordinance and for amendment of the Divorce · Polance and the Divorce Ruice 1(h) (1) (

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we have nothing to add to the comments of your Attorney-Genoral under these heads.

(7) Recruitment to lower scholens of the judicial and legal services

This was a latter raised with Kr. McPatrie by the Committee of the Bur Association. de sugs...at you should draw attention to the terms of reference of the Lalaries Comziacion now sitting aud point out that the matter can only be considered in the context of the terms and conditions of the public servicu as a whole.

(8) Transfers between the Judiciary and the Legal Department

This again is a mittor which was raised by the Committee of the Bar Associatica with Mr. Keletric, Appointments of Crown Counsel to act as District Judges or magistrates and of agistrates to act as Crown Counsel no doubt offer valuable experience to the officer's in question. Nevertheless there would seen to be sons force in the contention that regular acting appointments of this kind detract from the appearance of an impartial judiciary soparute and distinct from the Executive and, subject to your vins, it needs too that such appointmants should be rathor exceptional and should be made only when staffing exigencies so require. Actual transfers between the judiciary and legal departments are not, of course, open to the same objection.

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(9) Trial of Civil Actions

The Bar Association Committee complained to Mr. Hořetrie that civil actions took long because shorthand writers were not provided and the number and quality of the interpreters available was inadequate. We are not in a position to comment on this complaint. In gland an official shorthand writer makos a record of all the evidence and of this judgment in a civil action. This is part of the cost of running the court, but any party who wished for a transcript of the evidence er of the judgment, a.g. for purposes of appeal, has to pay for the transcript. official shorthand writer does not make a record of Counsel's arguments unleas the parties so request, in which case the parties pay for this service.

110) Legal Aid 1. Divil ansa

We understand that your Government's proposals for the introduction of a scheme for Legal Aid in civil cases were communicated to the Bar Association and the Law Society in Jammary this year your Attorney-General's letter of 26th January, 1905 to 1a. NaPotrio.

(11) Size of Sure Court Bench

The Committee of the Bar Associatica auggested to Mr. licFetric that two or possibly three tere julgos Chould be added to the Supreme Court. Cau additiona Judgeship kam of course buen recently created and we understand that you have 3-

ind the possibilty of creating one more.

12.

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