TNAG-0701-FCO40-854-Appointment-of-Attorney-General-and-Solicitor-General-in-Hon-1978 — Page 82

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CONFIDENTIAL

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CONFIDENTIAL

TO PRIORITY F C O TELNO 1116 OF 20 SEPTEMBER 1978. HKA 373/393/5

RELIVED

Y NO. 51

21 SEP 1978

FOR MACLAREN FROM ATTORNEY GENERAL.

INDEX

REGISTRY

ction Taken

YOUR TELNO 709.

1. THANK YOU FOR ARRANGING THE APPOINTMENT WITH SIR BASIL HALL.

2. AS I MENTIONED TO YOU WHEN WE SPOKE, WE ARE ALSO LOOKING AT

THE ENGLISH BAR AS A POSSIBLE SOURCE, WITH THE ASSISTANCE OF

DAVID HIRST QC, THE CHAIRMAN OF THE BAR COUNCIL. I HAVE JUST SENT DETAILS TO HIRST THROUGH OUR LONDON OFFICE AND I THINK THE

BEST THING THAT I CAN DO IS TO REPEAT THE SUBSTANCE OF THAT

MESSAGE TO YOU REALISING THAT SOME OF THE DETAILS WILL BE KNOWN

10 YOU ANYWAY BUT IT WILL BE IN A FORM WHICH YOU COULD PASS TO

SIR BASIL HALL AS A MESSAGE FROM ME, IF YOU WISH,

12

3. THE POSITION IS AS FOLLOWS.

4. THE ATTORNEY GENERAL IS AN EX OFFICIO MEMBER OF THEEXECUTIVE

COUNCIL (THE GOVERNMENTS PRIME POLICY-MAKING BODY, PRESIDED OVER

BY THE GOVERNOR) AND OF THE LEGISLATIVE COUNCIL. THE OFFICE OF ATTORNEY GENERAL COMBINES, UNDER THE SIMPLE CROWN COLONY CONSTITUTION OF HONG KONG, THE ROLE OF MINISTER RESPONSIBLE FOR THE ADMINISTRATION OF JUSTICE IN ITS WIDEST SENSE AND THAT OF

PERMANENT UNDER-SECRETARY, THERE IS THEREFORE A LARGE POLICY CONTE

IN HIS WORK.

5.IN THE EXECUTIVE FILED, THE ATTORNEY GENERAL IS RESPONSIBLE FOR

THE PROVISION OF THE BULK OF THE LEGAL SERVICES REQUIRED BY THE

GOVERNMENT. THIS INCLUDES THE TRADITIONAL INDEPENDENT RESPONSIBIL-

ITY FOR THE ADMINISTRATION OF THE CRIMINAL LAW, RESPONSIBILITY

FOR THE PROVISION OF LEGAL ADVICE IN THE CIVIL FIELD AND RESPON-

SIBILITY FOR LEGISLATIVE DRAFTING. MY CHAMBERS THEREFORE COMBINES

IN A SINGLE CENTRALISED ORGANISATION THE ROLES OF YOUR ATTORNEY

CONFIDENTIAL

/GENERAL