CONFIDENTIAL
CYPHER/CAT A
FM HONG KONG 3003152
CONFIDENTIAL
TO ROUTINE FCO TELNO 790 OF, 32 AUGUST, 1972
YOUR TELEGRAM 731.
LAST
Gi
REF.
JUDGES OF APPEAL
(OP COPY
RECEIVED IN REGISTRY No.51 30 AUG 1972
AKCK 14/6
I HAVE RECEIVED THE PERSONAL TELEGRAM FROM SIR MURRAY MACLEHOSE AND AS YOU WILL HAVE NOTED HE WOULD WISH TO DISCUSS DURING HIS VISIT TO LONDON. I TOO HAVE NO STRONG VIEWS ON THE PROPOSAL FROM YOURSELVES THAT THE CHIEF JUSTICE COULD FOR A TRIAL PERIOD IMPLEMENT HIS PROPOSALS BY ADMINISTRATIVE ACTION. I DO NOT THINK THAT THE CHIEF JUSTICE NOR THE ATTORNEY GENERAL ARE COMPLETELY AT ONE ON THIS. THE CHIEF JUSTICE FEELS THAT, FOR REASONS WHICH ARE NOT ALTOGETHER CLEAR EITHER TO ME OR TO THE SOLICITOR GENERAL HE WOULD WISH THE PROPOSAL FOR JUDGES OF APPEAL TO BE ENSHRINED IN LEGISLATION. ON THIS SIR MURRAY WILL WISH TO SEE THE LAST PARAGRAPH OF MY LETTER TO HIM OF 23 AUGUST, BOTH THE SOLICITOR GENERAL AND MYSELF FEEL THAT YOUR LEGAL ADVISORS PROPOSALS ARE NOT UNREASONABLE.
$
i
2. AS REGARDS SIR MURRAY'S PARA 3, AS I SAID BEFORE THE CHIEF JUSTICE'S ARGUMENT IS THAT YOUR SUGGESTION MERELY ALLOWS HIM TO DO WHAT HE IS ALREADY CAPABLE OF DOING BY ADMINISTRATIVE ACTION, BUT 1 MUST REPEAT THAT HE HAS NOT IN FACT DONE THIS. THE PERIOD OF TRY-OUT HAS THEREFORE NEVER EXISTED. HE HAS NEVER IN FACT APPOINTED ONE OR MORE JUDGES AS APPELLATE JUDGES FOR A SET PERIOD.
3. I SUGGEST THAT THE PRESENCE OF MR ROBERTS WOULD BE VALUABLE AT ANY DISCUSSIONS WHICH TAKE PLACE.
4. GRATEFUL IF YOU WOULD PASS A COPY OF ABOVE TO SIR MURRAY.
NORMAN-WALKER
FILES:
HEAD HKIOD
LEGAL ADVISER
CONFIDENTIAL
LAST DABER
10/8/72