13/11
Minister
Flag A
Flag RO
Flags
Mr Youdé
PS Mr
Hoy Me G
1611.
MAGISTRATES AND JUDGES IN HONG KONG
1. Mr Peter Rees MP wrote to Mr Royle on 20 February about
appointments to the Hong Kong Bench. He had also discussed
with Mr Royle the appointment and calibre of magistrates in
Hong Kong. Mr Royle sent an interim reply on 9 March.
2. The Governor has now created two new judgeships on the
District Court bench and the posts have been filled by
appointments from the Hong Kong Bar by Mr G A De Basto QC
and Mr Benjamin T M Liu QC.
3.
On the question of recruitment procedures and the calibre
of candidates for the magistracy in Hong Kong, Mr Royle minuted
that the situation was not satisfactory.
As a result, during
the summer, Mr Fifoot discussed these problems with Mr Roberts,
Mr Hobley, the new Attorney-General, and Mr Oliver, Registrar
of the Supreme Court in Hong Kong. All considered that the
general calibre of expatriate magistrates in Hong Kong was
satisfactory but that it took time for newcomers to find their
feet and adjust themselves to the Hong Kong scene. Mr Rushford
also discussed the issue briefly with the new Chief Justice Flag 25) when he was here and subsequently wrote to him on 20 September.
3x25)
Flag 2
27/2
4. These discussions did not of themselves provide enough
material for a reply to Mr Rees. But the Chief Justice has
now sent a helpful reply in which he deals with the various
problems facing the magistracy and also attaches a useful
summary showing a breakdown of the establishment of magistrates
/in Hong Kong.
in Hong Kong.
5.
The total strength of the establishment is 46 magistrates
and there are 2 vacancies at the moment. Most of the magistrates
are of United Kingdom, Irish or Old Commonwealth origin; only 6
are locals. The Chief Justice says that he is particularly
anxious to recruit local Cantonese speaking magistrates but
that few candidates have come forward over the last few years
and of those a good many have left the judiciary to return to
private practice. In due course the new Hong Kong Law School
will help to improve this situation but this is unlikely to
happen for a number of years. In the meantime it will be
necessary to rely heavily on external recruitment. In Mr Briggs
opinion the standard of magistrates in Hong Kong has never been
higher and their individual professional experience is very
good indeed.
1
6. Although the correspondence with Mr Rees is some months old,
I believe he would welcome an up-to-date account of the situation.
I submit a draft letter from Mr Royle accordingly.
department's legal adviser agrees.
The
8 November 1973
DCSL
A C Stuart
Hong Kong & Indian Ocean Department
M.P. letter.
Double spacing, 4 spaces between paragraphs.
Flag references.
NOTHING TO BE WRITTEN IN THIS MARGIN
Registry No. GK
Unclassified
DRAFT TO M.P.
To:
Peter Rees Esq QC MP House of Commons
London SW1
Type 1 +
From
Mr Royle
Telephone No. & Ext.
Department
Consular
To Be Seen By:
You will remember our correspondence earlier
this year, resting with my letter of 9 March
about appointments to the Hong Kong Bench.
Enclosures:
As you are no doubt already aware, Sir Ivo
Rigby has now retired.
is Mr Justice Briggs.
The new Chief Justice
The Governor has also
phe
recently created two new district judgeships.
You may already have heard that These posts
have been filled by the appointment of members
of the Hong Kong Bar, Gerald De Basto QC and
Benjamin T M Liu QC.
Copying Action:
To (Post):
As regards the appointment and calibre of
magistrates, which we talked about earlier, you
may like to know that we have had an opportunity
during the year to discuss the matter with the
new Chief Justice, with Denys Roberts, formerly
Attorney-General and now Colonial Secretary,
and with the new Attorney-General, Hobley.
Their general view is that the calibre of the
expatriate magistracy is satisfactory, although
it does take time for newcomers to find their *Report (to the Department) feet and adjust themselves to the Hong Kong For *Necessary Action
*Bag By
*Fastest Means
*With
*Without
Enclosures
*Information
*Delete words not required
/scene.
(16556) Dd.897198 3m 6/72 G.W.B.Ltd. Gp.863 (17359) Dd.897485 4m 1/73 G.W.B.Ltd. Gp.863