CHAPTER VI
JUDICIAL STUDIES
1.
The Experience Gap
There are many examples in Hong Kong and elsewhere of judges at all levels being helped to equip themselves for work outside their experience. A systém for that purpose is now needed in Hong Kong. Although the High Court has unlimited jurisdiction in both civil and criminal business some of its judges on appointment have had very wide experience in criminal work but little in civil. Similarly; there are many judges in the District Court (which also does both types of business) who were promoted from the Magistracy and whose previous civil experience (if any) was then some way behind them. Very few can arrive in the tribunals with previous experience of the work.
2.
It is
There is also the problem that a newly appointed judge may previously have had little or no opportunity of working in a judicial capacity. This is regarded as a real problem in some countries. more serious with "ex-office" than with 'ex-courtroom" lawyers, busy advocates spend their time in the trial atmosphere and built-in mistrial alarm system which the ex-office lawyer has to acquire, but all need some help.
3.
since
have a
It
This is not a criticism of the system of appointments. cannot be true that a candidate of both the right calibre and the appropriate experience is available for every vacancy. In principle calibre comes before experience and in practice high calibre eventually compensates for lack of experience but the fullest experience will not make up for poor calibre.
4.
It is becoming recognized that to give
give of its best a Judiciary must consistently apply systems designed to overcome the problem of inexperience. Hong Kong has a system but it is restricted to a short induction for newly appointed Magistrates.
There is a
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