CONFIDENTIAL
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The reason he gave was that civil appeals were at present seriously
delayed. However a recent letter from Mr Hobley, the Attorney
General, shows a satisfactory state of business. In this respect
Hong Kong courts seem to compare favourably with the courts of
other countries.
Delays can be caused by a number of factors, but
it is the view of the department's legal adviser that shortage of
judicial manpower is not a contributory factor to any delays there
may be in Hong Kong, since the number of Puisne Judges was increased
by two quite recently and another post of Puisne Judge is to be
created when the new Court of Appeal is formed.
4.
Nevertheless, Lord Gardiner would be likely to regard
the Governor's present proposals as a step in the right direction.
Indeed he might not think they go far enough, since the Appeal
Judges are also to continue to be able to sit at first instance.
But so long as the Appeal Judges give priority to the Court of
Appeal there should be no problem about this. In any case this
last point is something which might be left for consideration by
the advisory group of senior lawyers suggested by the Legal Adviser
on which Sir D Watson has written separately to the Governor.
5.
I have already submitted separately on the questions raised
in paragraphs 1 3 of Hong Kong tele ram no. 212. Subsequently,
however, I have agreed with you to hold this over for the time
being. Sir D Watson's letter is also relevant to the proposed
appointment of Mr Baber. Although another vacancy on the bench
would be likely to occur soon, because of the creation of the
Court of Appeal, it might be better not to take final decisions
/on either
CONFIDENTIAL