19/4518/50.
19
SAVINGRAM D
54073/511
To the Secretary of State for the Colonies.
From the Governor, Hong Kong.
Date
12. February, 1951.
No..
16.9...
1950
My Staff Savingram No.565 of 22nd August, 1950.
Public Services Commission.
Mr. T. Megarry, Chairman of the Public Services Commission, has tendered his resignation and will be leaving this Colony at the beginning of March. I have for some time had under consideration the question of Chairmanship of the Commission when Mr. Megarry goes. It has been found by experience that the duties of the Chairman of the Public Services Commission require less than half a day's work. I do not therefore wish to replace Mr. Megarry with another full- time Chairman.
2.
It so happens that the Supreme Court is rather hard- pressed, though the amount of work would not in itself as yet justify an increase in the permanent establishment of Judges. It appears to me that the needs of the Public Services Commission and of the Supreme Court could both be met if, by the appointment of an additional Puisne Judge, arrangement could be made for one of the Judges to undertake also the Chairmanship of the Public Services Commission. This arrangement would also greatly assist the constitution locally of the Full Court for the hearing of appeals.
3.
The Acting Chief Justice and the Attorney General support this proposal. I have also consulted the Chief Justice Designate, Sir Gerard Howe, on the question whether he would have any objection in principle to an arrangement whereby one of the Puisne Judges was concurrently Chairman of the Commission. He has replied that, while he is not yet familiar with conditions in Hong Kong, he is of the opinion that there is no objection provided that :-
40
(a) the duty of a Judge so appointed shall remain primarily
to the Chief Justice and his sittings as Chairman be arranged after consultation by him with the Chief Justice;
(b) provision shall be made, in the amendment which will be necessary to the Ordinance to provide for a Judge to be appointed Chairman, for the term of office to be limited to one year;
(c) the Chief Justice may after a trial term of one year
decline to nominate a Judge if in his opinion the administration of justice has suffered;
(d) any candidate for appointment to the Bench shall be
informed that he may be nominated to the Chairmanship of the Commission.
I agree with the Chief Justice Designate that the duty of a Judge must at all times be primarily to the Chief Justice and I foresee no difficulty in this regard, it being understood that the Chief Justice would in fact allow the Judge concerned sufficient
me for the satisfactory performance of his duties as Chairman of Pothe Commission. I also agree in principle with regard to the 22 FEB 1951 limitation of the term of office to one year, though it must of
K.
course be understood that a precise limitation to one year may not Se practicable, and it may be necessary to curtail or extend
/slightly....