TNAG-1867-FCO40-2651-Hong-Kong-Judicial-Service-Commission-(Amendment)-Bill-1989-1989 — Page 23

JSC without the necessity for him to be a

member of the JSC.

(2)

The representatives from each branch of the legal

profession ought to be practising members of the

profession appointed upon nomination by or after

consultation with the respective governing bodies

and the legislation should so provide.

(a)

The Chief Secratary having made the point

that the legal professions are to be "repre-

sented" on the JSC makes the further point

that the appointments of the barrister and

solicitor are made "in their individual

capacities as practising members of the

legal profession, and not as representatives

of their professional bodies".

(b)

In his individual capacity, no barrister or

solicitor is likely to be able to express a

view on every candidate from personal

experience.

Inevitably, he has to draw upon

the experiences of other practitioners by

making such discreet enquiries as the

requirements of confidentiality permit.

This is bound to be a haphazard process.

There ought however to be a recognition that

the individual is not there to express his

personal views but the collective experience

insofar as he has been able to glean it from

his enquiries. Nomination by the respective

governing bodies would enhance the

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