TNAG-0701-FCO40-854-Appointment-of-Attorney-General-and-Solicitor-General-in-Hon-1978 — Page 73

In recognition of this, and in anticipation of my retirement, I have put to the Government proposals for a major reorganisation of my office. Such a reorganisation has become necessary to meet the special circumstances of Hong Kong today, which have little in common with former dependent territories. These changes, which are likely to be accepted, include in particular the abolition of the Office of Solicitor General and the creation of three new posts at the same level of seniority. The holders of these posts will, respectively, head three new divisions within my Office res- ponsible for prosecutions, the provision of civil legal services, and legislative drafting. It is intended that there shall be a substantial devolution of authority for decision-making and manage- ment to the holders of these posts, with a view to relieving future Attoneys General (who will no longer be supported by a second Law Officer) of day-to-day responsibility in these fields. The holders of these posts will be men who are both experienced lawyers in the particular fields and experienced in Hong Kong -to the extent, I believe, that a future Attorney General need not hve specialised experience in any one of those fields. He will in future be respon- sible for major policy, ad major management issues, and the new arrangements are intended to ensure that he has adequate time to devote himself to key issues.

Nevertheless, we need a lawyer with the widest possible legal experience, whilst acknowledging in particular that you are not likely to find one at the Bar with legislative drafting experience. That is something that ve accept, and it will ultimately be taken into account in weighing a candidate from the Bar against candidates from other sources, including the Home Civil Service. I would also add that as between experience in the criminal law and experience on the civil side, the emphasis should be on the civil side.

We also need a lawyer with management experience - not easy to find. Hy office now has an establishment of 115 lawyers with a large support- ing staff. The management problems are considerable. I have already said that the reorganisation of my office will result in a marked devolution of day-to-day responsibility in management, but anyone who is interested in appointment as Attorney General should realise that he will need to monitor constantly just what is going on in a large office and will certainly need to develop management expertise if he does not already possess it.

So much for the "rofessional background. I should perhaps add (probably surprisingly to you) that the only expertise which the Attorney Ceneral will not use is ndvocacy. His other responsibilities are such that he simply does not have time for court appearances:

As far as personal qualities are concerned, we are looking for someone of about 48/52 years of age, with at least twenty years' tanding at the Bar. We need a man of authority and strong character, who will remain unruffled in the face of frequently irresponsible and often unjust criticisms from press, public and elsewhere. Sensitivieness is a postive disadvantage. The Attorney General is very much in the limelight here. Naturally, họ noeds/patience of Job and the wisdom of Solomon. and he met be able to work un part of a team.

/NOW