CONFIDENTIAL STAFF IN CONFIDENCE
067772
MDHIAN 9329
IT
STAFFING NEEDS OF THE JUDICIARY SHOWS THAT THERE IS LIKELY TO BE A SHORTAGE OF JUSTICES OF APPEAL AND HIGH COURT JUDGES IN THE NEXT FEW YEARS, UNLESS MORE LOCAL BARRISTERS ARE PREPARED TO JOIN THE BENCH. YOU WILL RECALL THAT WE SOUGHT YOUR ASSISTANCE TO IDENTIFY POSSIBLE CANDIDATES FOR CONSIDERATION FOR APPOINTMENT TO OUR BENCH. THIS WAS HELD IN ABEYANCE PENDING AN ASSESSMENT OF THE LIKELIHOOD OF LOCAL BARRISTERS JOINING THE BENCH AND A MORE CRITICAL ASSESSMENT OF OUR NEED (MY LETTER OF 1 DECEMBER 1992 TO PETER RICKETTS). WE MAY YET HAVE TO REVERT TO YOU FOR SUCH A POSSIBILITY, DEPENDING ON THE JSC'S ADVICE ON THIS MATTER.
(D) COURT OF FINAL APPEAL
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THERE IS NOW A GROWING REALISATION AMONG THE CONCERNED PARTIES THAT TIME IS RUNNING OUT FOR THE ESTABLISHMENT OF A CFA BEFORE 1997, ALTHOUGH VIEWS ARE STILL QUITE DIVIDED AS TO WHETHER THE JLG MODEL ON COMPOSITION SHOULD BE ADOPTED. THE LEGAL PROFESSION, AT LEAST PUBLICLY THROUGH THEIR TWO REPRESENTATIVE BODIES, STILL REMAINS OPPOSED TO THE JLG ARRANGEMENTS. MOST LEGCO MEMBERS WOULD FIND IT DIFFICULT TO WITHDRAW PUBLICLY FROM THEIR SUPPORT FOR THE LEGAL PROFESSION'S STANCE ON MORE FLEXIBILITY IN THE COMPOSITION OF THE CFA UNLESS THE PROFESSION ITSELF BACKS DOWN. HOWEVER, MOST OF THE LEGISLATORS ARE INCREASINGLY AWARE THAT FURTHER NEGOTIATION WITH THE CHINESE IS NOT A VIABLE OPTION. IT WILL STILL BE SOME TIME BEFORE WE ARE READY TO TAKE THE CFA LEGISLATION TO LEGCO. WE ARE PROCEEDING WITH THE DRAFTING OF THE BILL. WHEN THE BILL IS READY WE NEED TO CONSULT THE CHINESE AND LEGAL PROFESSION. CONSULTATION WITH THE CHINESE IS EXPECTED TO BE DIFFICULT AS SOME OF THE MAJOR ISSUES HAD ONLY REACHED THE STAGE OF BROAD AGREEMENT IN THE JLG E.G. JURISDICTION OF THE COURT OVER ACTS OF STATE.
6. THESE ARE SOME OF THE BURNING ISSUES CONCERNING THE JUDICIARY WHICH NEED TO BE ADDRESSED IN THE NEXT FEW YEARS. AN EFFECTIVE CJ IN THE RUN-UP TO 1997 IS VITAL TO THE SUCCESSFUL SOLUTION OF SOME OF THESE PROBLEMS: WE MUST TRY TO ASSIST THE CJ TO GIVE A MORE SPIRITED AND COMPETENT HAND IN TACKLING THEM
PATTEN
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