TNAG-0701-FCO40-854-Appointment-of-Attorney-General-and-Solicitor-General-in-Hon-1978 — Page 80

CONFIDENTIAL

THE ABOLITION OF THE OFFICE OF SOLICITOR GENERAL AND THE CREATION

OF 3 NEW POSTS AT THE SAME LEVEL OF SENIORITY. THE FOLDERS OF THESE POSTS WILL, RESPECTIVELY, HEAD THREE NEW DIVISIONS WITHIN MY OFFICE RESPONSIBLE FOR PROSECUTIONS, THE PROVISION OF CIVIL LEGAL

SERVICES, AND LEGISLATIVE DRAFTING. IT IS INTENDED THAT THERE SHAIL BE A SUBSTANTIAL DEVOLUTION OF AUTHORITY FOR DECISION-MAKING AND MANAGEMENT TO THE HOLDERS OF THESE POSTS, WITH A VIEW TO RELIEVING FUTURE ATTORNEYS 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 HAVE SPECIALISED EXPERIENCE IN ANY ONE OF THOSE FIELDS. HE WILL IN FUTURE DE RESPONSIBLE FOR MAJOR POLICY, AND MAJOR MANAGEMENT ISSUES, AND THE NEW ARRANGEMENTS ARE INTENDED TO ENSURE THAT NE

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 WE 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.

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WE ALSO NEED A LAWYER WITH MANAGEMENT EXPERIENCE NOT EASY TO

FIND, MY OFFICE NOW HAS AN ESTABLISHMENT OF 115 LAWYERS WITH A

LARGE SUPPORTING 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 PROFESSIONAL BACKGROUND, AND I SHOULD PERHAPS ADD

PROBABLY SURPRISINGLY TO YOU) THAT THE ONLY EXPERTISE

WHICH THE ATTORNEY GENERAL WILL NOT USE IS ADVOCACY. HIS OTHER

RESPONSIBILITIES ARE SUCH THAT HE SIMPLY DOES NOT HAVE TIME FOR

COURT APPEARANCES.

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CONFIDENTIAL

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