CONFIDENTIAL
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his consideration a draft announcement.
We shall let you
have its terms as the basis for the F.C.0. reply to Lord
Gardiner.
In a minute which he sent to me shortly after his
return from London, the Governor asked me to write to you
about three matters.
The first concerns Geoffrey Briggs' objection to assessors. I have spoken to him again about this and his view is as follows. Firstly, he does not really believe in jury trial itself in Hong Kong circumstances. It follows that he also sees nothing in having assessors. His personal experience is that they are generally unhelpful and he doubts whether many Chinese would relish the task of sitting as assessor an office which does not offer the relative anonymity which membership of a jury offers.
The second point concerns civil work for magistrates. Such civil jurisdiction as they had was taken away a few years ago. Geoffrey Briggs' short answer is that he simply does not think it appropriate that magistrates should have civil jurisdiction.
Thirdly, the Governor said that you want an assess- ment of the worth of a puisne judgeship. The current monthly salary is $14,000. Quarters are provided at a rent of approximately $1,000 per month. Medical and dental treatment is free (subject to a small maintenance charge for hospital accommodation). Taxation (at this level of salary) is 15% of gross salary without any allowances. A person appointed on contract would receive a gratuity of 25% of his gross salary. That would be taxable. Incidentally, in this regard, the Governor seemed to think that I am pessimistic about the chances of getting a suitable lawyer from England to accept appointment, if we decide to take that course. As you know, that is not my view. Geoffrey Briggs, on the other hand, is doubtful and not keen anyway on such an appointment.
We are about to consider how best to confer on the District Judges the formal security of tenure which it has been agreed that they should have and what form it should take. There may be something to be said for putting them in the same position as the puisne judges and in the Letters Patent - in
CONFIDENTIAL