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2. To promote such uniformity the Secretary of State, by a circular despatch dated the 29th July, 1938, has requested that an early opportunity be taken to arrange for a provision in the local statute law requiring that no person shall be appointed to be a Judge of the Supreme Court unless :-

(i) he is qualified to practise as an advocate in a Court in England, Scotland, Northern Ireland or some other part of His Majesty's dominions having unlimited jurisdiction either in civil or criminal matters, and

(ii) he has been qualified for not less than five years to practise as an advocate or solicitor in such a Court.

3. The difference in wording employed in the two sub- clauses above is for the purpose of providing for the case of a solicitor who subsequently gets called to the Bar.

4. Clause 2 of the Bill provides for the insertion of a new section in the Supreme Court Ordinance, 1873, containing the provision required with its two sub-clauses.

5. Clause 3 of the Bill makes a corresponding amendment of the Full Court Ordinance, 1933, so far as it relates to judges appointed locally.

6. Under section 2 (4) of the Full Court Ordinance, No. 8 of 1933, the Judge of His Britannic Majesty's Supreme Court for China (if the Principal Secretary of State for Foreign Affairs has consented to such appointment) is eligible to serve as a judge of the Full Court. Moreover two Judges of His Britannic Majesty's Supreme Court for China are among the four Judges appointed with the approval of the Lord Chancellor under rule 2 (2) of the Hong Kong (non- domiciled parties) Divorce Rules, 1936, to exercise jurisdic tion here under the Indian and Colonial Divorce Jurisdiction Act, 1926 (see Hong Kong Government Gazette Notifications No. 15 of 1936 and Nos. 470 and 782 of 1937).

7. It is not considered desirable in a Hong Kong Ordinance to regulate in any way the qualifications of Judges of His Britannic Majesty's Supreme Court for China. Their qualifications are regulated by Article 7 of the China Order in Council, 1925, (Statutory Rules and Orders, 1925, No. 603) which requires them to be members of the Bar of England, Scotland or Northern Ireland of not less than seven years standing.

C. G. ALABASTER,

Attorney General.

February, 1939.