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6.

at

HKD

These proposals are

a very preliminary stage.

Neither EXCO, nor the Hong Kong Judiciary, nor the Hong

Kong Bar Association has yet been consulted on them.

officials and Legal Advisers have had preliminary and informal discussions upon them with senior HKG officials,

and we intend to consult the Secretary of State formally on these proposals once they have been developed and EXCO's

views on them have been obtained. These proposals will

inevitably be a controversial issue in Hong Kong,

especially within the legal profession. Unfortunately news

that the Hong Kong Government are reviewing these and other

possible options on the future of the judiciary has already leaked to a minor extent in Hong Kong.

7.

particularly

For these reasons I feel it is

important that the Secretary of State offer no comment on

the substance of Mr Justice Jackson-Lipkin's second letter.

The fact that the rumours which he relates are inaccurate

in several respects (in particular in referring to the

Governor's position) adds further point to this.

F

G

8.

The

There are also other factors of which I think the

Secretary of State should be aware, and which make it

particularly desirable that he does not correspond officially with Mr Justice Jackson-Lipkin at this stage.

The first is the standing of Mr Justice Jackson-Lipkin

among the Hong Kong judiciary. I attach an extract from

the Chief Justice's latest annual report on him.

second is the publicity given to his recent remarks on the legal system in Brunei, which may result in his not being

able to return there in his official capacity as a judge of the Supreme Court of Brunei (see the front page report in

the Hong Kong Standard of 17 July). Finally, we were

informed by MOD

by MOD officials last week that they have been investigating allegations that Mr Justice Jackson-Lipkin has been wearing in public R N campaign medals which he is

not entitled to wear. Following correspondence with MOD

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