CONFIDENTIAL STAFF IN CONFIDENCE
067
MOHI 9329
5. YOU MAY ALSO BE INTERESTED IN SOME OF THE CURRENT MAJOR ISSUES AFFECTING THE JUDICIARY:
(A) JUDICIARY ADMINISTRATION THERE HAS BEEN CONSIDERABLE CRITICISM ABOUT INADEQUANCIES IN THE JUDICIARY ADMINISTRATION IN RECENT YEARS E.G. DISSATISFACTION WITH LONG COURT WAITING TIME, INADEQUATE COURT REPORTING SERVICES, SLOW PACE OF LOCALISATION AND INADEQUATE USE OF CHINESE IN THE COURTS. PRESSURE HAS BEEN EXERTED ON THE JUDICIARY BY THE PROFESSION AS WELL AS A MORE CRITICAL LEGISLATURE FOR IMPROVEMENTS. A GOOD DEAL OF THE PROBLEM LIES IN THE LACK OF A MODERN MANAGEMENT APPROACH AND INADEQUATE EXPERTISE IN THE ADMINISTRATION OF THE JUDICIARY. TO ADDRESS THIS, WE HAVE SECURED THE CJ'S AGREEMENT TO THE APPOINTMENT OF A HIGH LEVEL AND EXPERIENCED ADMINISTRATOR TO TAKE OVER THE ADMINISTRATION OF THE JUDICIARY FROM THE REGISTRAR OF THE SUPREME COURT. THE REGISTRAR WILL IN FUTURE FOCUS ON JUDICIAL AND QUASI-JUDICIAL DUTIES. RECRUITMENT WILL SOON START AND WE ARE LOOKING FOR A CANDIDATE WITH PROVEN ADMINISTRATIVE AND MANAGEMENT SKILLS RATHER THAN LEGAL QUALIFICATIONS. WITH CJ'S SUPPORT THE APPOINTMENT OF THE NEW STYLE · JUDICIARY ADMINISTRATOR WILL HOPEFULLY BRING ABOUT THE NECESSARY MANAGEMENT CHANGES FOR A MORE MODERNISED AND EFFECTIVE SYSTEM OF ADMINISTRATION OF OUR COURTS.
I AM ALSO CONSIDERING ASKING THE CJ TO APPOINT A HIGH LEVEL WORKING GROUP INVOLVING THE JUDICIARY MANAGEMENT, THE LEGAL PROFESSION, THE ATTORNEY GENERAL'S CHAMBERS AND THE GOVERNMENT SECRETARIAT TO EXAMINE AND LOOK FOR SOLUTIONS TO VARIOUS PROBLEMS FACING THE ADMINISTRATION OF THE JUDICIARY. THIS WORKING GROUP WILL SET THE PARAMETERS FOR THE NEW JUDICIARY ADMINISTRATOR'S INITIATIVES.
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(B) LOCALISATION OF THE JUDICIARY WE TOLD THE CHINESE IN SEPTEMBER 1987 THAT ''WITHIN THE NEXT DECADE, THE AIM IS TO ACHIEVE EQUAL PROPORTION OF LOCAL AND EXPATRIATE MEMBERS OF THE JUDICIARY' '. SOME PROGRESS HAS BEEN MADE SINCE THEN. 40 PERCENT OF THE JUDICIAL OFFICERS ARE NOW LOCAL COMPARED TO 30 PERCENT IN 1987. THE PACE OF LOCALISATION IS SATISFACTORY AT THE MAGISTRATE LEVEL BUT RATHER LESS SO AT THE LEVELS OF DISTRICT COURT JUDGES AND SUPREME COURT JUDGES. I HAVE ASKED THE JUDICIAL SERVICE COMMISSION TO ADVISE FURTHER ON ADDITIONAL MEASURES THAT MIGHT BE REQUIRED TO GIVE A FURTHER PUSH TO THE PACE OF LOCALISATION. WILLINGNESS FROM
THE LOCAL BAR TO JOIN THE BENCH DURING THE TRANSITION TO 1997 · IS THE MAJOR PROBLEM.
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(C) SUPPLY OF JUDGES FOR THE FUTURE A RECENT ASSESSMENT OF THE