Foreign and Commonwealth Office

OVERSEAS DEVELOPMENT ADMINISTRATION Eland House Stag Place London SW1E 5DH

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G F Kinnear Esq

Hong kong Department

Foreign and Commonwealth Office London SW1

GDew Yuiner

Telephone 01-834 2377 ext 344

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Our reference HKK 14/30 (70)

Date 26

July 1971

APPOINTMENTS TO THE JUDICIARY FROM THE BAR IN HONG KONG

I am sorry you have not had an earlier reply to your letter of 1 March 1971. Unfortunately action on another aspect of this problem delayed our consideration of your question.

With reference to your third paragraph I can confirm that occasional appointments were made from the Bar to the Bench in Nigeria, for example in the cases of Judges G Paul and S B Rhodes, but, according to their personal files, no special pension arrangements appear to have been made.

With regard to the judges of the Federation of Rhodesia and Myasaland who were appointed by the Governor-General under Article 47 of the Federation of Rhodesia and Nyasaland (Constitution) Order-in-Council, 1953, Section 3 of the Federal Supreme Court (Judges' Salaries, Pensions and Allowances) Act 1953, provided for pensions to be payable on such terms or conditions as the Governor-General might fix in each case. However, I am afraid that our records are not sufficiently referenced to enable us to intensify such cases and thereby lead us to an examination of the terms of the relevant terminal benefit.

You may have considered a suggestion, now put forward by our Personnel Services Executive,that a contract appointment, with a substantial terminal gratuity, say 25% of salary, might be a less disruptive method of appointing an officer from the local Bar to the Bench than the introduction of an outside officer to the pensionable establishment with consequential and, perhaps, invidious, amendments to the Public Service Pensions Ordinance.*

Yours sincerely

влосува

E C Simpkin

RECOVED IN REGISTRY No.51 26 JUL 1971

HKK 14/14

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