CANASIDAN ANANASON
NXX14/6
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Sir D Watson
ADMINISTRATION OF JUSTICE IN HONG KONG
1.
I attach copies of your letter of 18 April (with enclosures) and of the Governor's reply of 13 May, covering a letter from the Chief Justice.
2.
The
I have had a preliminary discussion with Mr Rushford. following is a summary of the point we have reached on the outstandin
. questions.
1. Court of Appeal: being established.
2.
Trial by Jury: the Governor has promised another look, but I do not think we can press him beyond his own
judgment.
3.
Recorded Evidence: being proceeded with. It would be useful to be able to quote more detailed plans in the final reply to Lord Gardiner.
4. Legal Aid: being reviewed. The Governor and the Chief
'Justice take differing views on the timing and amount of
extensions to the system. You will wish to discuss with them both. The money is Hong Kong's and it is difficult to make a confident assessment of priorities from here. 5. Retiring Ages and Pensions for Judges: the Chief Justice
is in favour of 60 for the District Court and 65 in the Supreme Court. The Governor has agreed to look at this, but points out that there would be implications for the whole Civil Service. This relates to a reconsideration of the whole question of retiring ages in the Hong Kong Civil Service. These are almost certainly too low in present circumstances. But the negotiation of changes would be a delicate business.
There is also a personal complication. The Chief Justice is at present due to retire in 1976. He might be succeedal by Mr Roberts. If the CJ stays on until 1979, Mr Roberts would have passed the normal Civil Service retiring age, and might be out of touch with the law. This may colour the Governor's and Colonial Secretary's thinking.
CONFIDENTIAL
16.