RUSHFORD
CONFIDENTIAL
Reference... HKK 14/6
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Mr Rushford (Legal Advisers K 188)
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ADMINISTRATION OF JUSTICE IN HONG KONG: TELEGRAM NO 265
1.
HONG KONG SAVING
I should be grateful for your advice on Hong Kong saving telegram no 265. As you know, we are in the course of preparing a general submission on Hong Kong's administration of justice, which will include a draft letter from Lord Goronwy-Roberts to Lord Gardiner (which we shall need to clear with Hong Kong before it issues).
2.
We already knew, from paragraphs 3 and 4 of Hong Kong telegram no 904 of 6 September, that the Governor had accepted in principle the Chief Justice's recommenda- tions that District Judges should be given security of tenure and that their retiring age should be increased to 60. Hong Kong saving telegram no 265 contains detailed proposals for putting these changes into effect, also for disengaging the judges from provisions which Hong Kong consider to be more appropriate in the case of other public servants.
3.
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I attach: -
(i) the Letters Patent;
(ii) the Pensions Ordinance; (iii)
Colonial Regulations.
However, I am afraid that despite consulting Gibraltar and General Department I have been unable to identify the "Disciplinary Proceedings (Colonial Regulations) Regulations" referred to in paragraph 8: do you have
any suggestions?
4.
In paragraph 10, Hong Kong also invite comments on the draft Judicial Service Commission Bill, sent to us under cover of the Attorney-General's letter of 26 July. In your minute of 15 August to Mr Stuart, you said you would wish to see this draft Bill again before writing to Mr Hobley. I suggest you may now wish to send Mr Hobley your considered comments on this. You may also wish to add that (having postponed a general submission until after the Election) we are now preparing a draft reply to Lord Gardiner.
27 November 1974
BH fiamiddly.
B H Dinwiddy
Hong Kong & Indian Ocean Dept
CONFIDENTIAL
P.T.O