MR. LAIRD
HKK 14/6
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Reference... HKK
CONFIDENTIAL
HONG KONG: FULL COURT
With reference to our telegram No. 236 of 27 April to Hong Kong,
during my visit to Hong Kong I discussed the Chief Justice's proposal in the savingram of 29 February (9) with the Attorney-General.
The matter was also touched upon in various talks I had with the
Chief Justice, with individual Supreme Court judges, with the
Registrar of the Supreme Court, and with Mr. Oswald Cheung QC.
I must admit that I am not a great deal the wiser as to the merits
of the CJ's proposal.
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crimmal
3. So far as I can make out, the present Chief Justice (Sir Ivo Rigby) likes to sit on el appeals. The Senior Puisne Judge (Mr. Justice Blair-Kerr) is rarely assigned criminal appeals, but
often presides on civil appeals. The other judges seem to sit turn-
and-turn-about on both civil and criminal appeals but I did not
gather whether there is any regular pattern or whether acting
Supreme Court judges usually sit on the Full Court.
4. It was suggested to me that there would be more consistency in
the handling of, at any rate, criminal appeals if the same judges sat
permanently on the Full Court, and that this would be welcome to the
Bar. It might also be helpful as respects some classes of civil
er appeal. Mr. Cheung was certainly keen to have a pmanent body to
take civil appeals.
5. I believe the Attorney-General sees some force in the suggestion
in the preceding paragraph and I should not myself dissent. I
gather however that the Attorney-General does not see any need for
introducing the change by means of legislation at this stage, and
remains of the opinion that it would suffice if the Chief Justice,
by administrative means, ensured that the same judges sat regularly
on cases of the same sort. (Presumably the Chief Justice would still
Leave tend to preside on criminal appeals and the Senior Puisne Judge to preside on civil appeals whether or not there was fresh legislation).
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