TNAG-1259-FCO40-1599-The-Future-of-Hong-Kong---special-study-by-FCO--August-1982--1983 — Page 149

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omit

suitable local candidate (possibly Chinese) could

well

perhaps be found in due course, though probably not in

the near future.

21. If Hong Kong were accorded a greater degree of

local autonomy, appointments to the office of Attorney-

General could be made locally without being subject to

UK control.

22. In some dependent territories and most independent

s and

countries the office of Attorney-General is à political

appointment and the Attorney-General is not, or need not

be, a civil servant.

23. This would be possible in Hong Kong, but, if a

politician were made Attorney-General, it might be

necessary to consider transferring the ultimate control

of public prosecutions to a Director of Public Prosecutions

who was a public officer independent of political control,

so that his independence and autonomy in respect of

criminal proceedings were seen to be adequately safeguarded.

Conclusion

24. The essential features of the present set-up need

to be preserved. There is no necessity to maintain UK

control over appointments to the office of Attorney-

General but any new constitutional arrangements must

include provision to ensure that ultimate control of public

prosecutions remains in proper hands.

8

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/PART IV