A.G.O. No. 1.
TELEPHONES:
ATTORNEY GENERAL 39255
39257
GENERAL OFFICE
39342
ATTORNEY GENERAL'S OFFICE,
SUPREME COURT,
HONG KONG, 21st April, REF. NO. AGO J.1/48.
1948
K. 0. Roberts Wray, Esq., C.M.G., The Colonial Office,
LONDON.
Dear Roberts. Wizy
Thank you very much for your letter of the 5th of March in which you discussed my Memo about Judicial and Legal establishment in Hong Kong. It is a great encouragement that you found it possible to let me have your comments. I have delayed reply because I wanted to be able to tell you how my proposals have faired locally. There has been delay, but the position is that the Govern- ment here have fully accepted my proposals and a despatch has been drafted and will soon be sent Hame on the subject.
In advance of seeing you, as I hope to do in June, I will make merely brief reply to your letter.
Ref. para. 3. As you say, the additional Puiane Judge will be a help towards solution of the problem of a local Court of Appeal. It would not be wholly. For instance, where an appeal is from the decision of the Chief Justice. As a more complete solution we have, as you may know, asked Malaya and Singapore to agree to allow their Chief Justices and Puisne Judges on a reciprocal basis to be members of the Hong Kong Full Court (i.e. Court of Appeal). I do not think that the grant of powers to the Registrar would, in the way you suggest, enable the appointment of an additional Magistrate to be avoided. Work cannot be taken from the Magistrates and given to the Judges, because the Supreme Court is already concerned with a much wider range of criminal work than falls to the lot of, say, High Court Judges in East Africa who only try murder, manslaughter, and rape. Furthermore, all trials of the Supreme Court here are trials by jury. In fact, our experience is that more work must be taken from the Supreme Court and given to the Magistrates, and a Bill has been prepared to amend the Magistrates Ordinance to make permanent the increased powers given to Magistrates by our Ordinance No.5 of 1946.
Ref. para. 4. The placing of Magistrates in the Judicial Department and
Judicial under the Chief Justice may require a little modification if we pursue the suggestion that you make in para.6 to make all scale appointments, appointments as "legal officer".
Ref. para. 5. My view is that there is a case, apart from the personal factor involved, in retaining the office of Crown Solicitor at the present time, but I think that the appointment should disappear when the next vacancy occurs. As regards retaining the title of Crown Solicitor, I do not think this will be necessary in the future, particularly if decision is reached to adopt the general title of legal officer for all salary scale appointments.
Ref. para. 6. I think that Hong Kong could adopt the scheme of calling all new appointees legal officers. In fact, we have really reached this position already in practice because when supplying particulars for the filling of any scale appointment I have, since my arrival, been careful to include the stipulation
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