TNAG-0701-FCO40-854-Appointment-of-Attorney-General-and-Solicitor-General-in-Hon-1978 — Page 118

CONFIDENHAL

CAS QIPO

WHER CATA

ONG KONG 1109852

PRIORITY

CONFIDENTIAL

TOR

TO PRIORITY F C O TELNO 976 OF 11 AUGUST 1978.

15

HKA 373/393/5 RECEIVED HIS RY NO. 51 1 1 AUG 1978

COPY

INDE

NO

PA

REGISTRY

Action Taken

Ne P.P.

SUCCESSION TO ATTORNEY-GENERAL.

FOR MCLAREN. YOUR LETTER OF 13 JULY IN HK 373/393/5 REFERS.

THE DIFFICULTY OF SECURING A SUITABLE PERSON FROM OUTSIDE HONG

KONG TO SUCCEED HOBLEY HAS PROMPTED US TO CONSIDER SERVING MENDER

OF THE JUDICIARY.

2. IN THIS CONNECTION WE HAVE BEEN CHECKING EARLIER CORRESPONDENGE

WITH YOU ON THE PROPRIETY OF OFFICERS MOVING BETWEEN THE LEGAL

DEPARTMENT AND THE JUDICIARY.

3. PARA 8 OF YOUR SAVING NO 1564 OF 17 AUGUST 1965 IN FED

372/402/91 INDICATED THAT TRANSFERS (AS OPPOSED TO TEMPORARY SECONDMENTS) BETWEEN THE JUDICIARY AND THE LEGAL DEPARTMENT MO!!!LD

NOT BE OBJECTIONABLZ,

4. IF A SERVING SUPREME COURT OR DISTRICT COURT JUDGE WERE

APPOINTED ATTORNEY GENERAL, IT IS LIKELY THAT HE WOULD SEEK AN

ASSURANCE THAT HE COULD REVERT TO THE BENCH AFTER A FEW YEARS AS

ATTORNEY GENERAL.

5. IT IS POSSIBLE THAT THERE MIGHT BE SOME CRITICISM IN LEGAL

CIRCLES HERE OF THE APPOINTMENT OF AN ATTORNEY GENERAL FROM THE

BENCH, THOUGH WE DOUBT IF THIS WOULD BE SEVERE OR SUSTAINED,

6. HOWEVER, BEFORE WE TAKE THIS ANY FURTHER YOU MAY THINK THAT IT

WOULD BE ADVISABLE TO CONSULT THE LORD CHANCELLOR'S OFFICE, AS YOU DID WHEN IT WAS SUGGESTED THAT A SUPREME COURT JUDGE MIGHT

BECOME COMMISSIONER AGAINST CORRUPTION.

ROBERTS

FILES

HRGD (6)

LAGI

(10)

(116) Q2 (23)

LEGDA ADVISERS

PS/LORD GARONWY ROBERTS

MR COCHA ZY

MR STRATION

CONFIDENTAL