CO129-603-7 Legal Department- reorganisation 18-2-1948 - 19-10-1949 — Page 26

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

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(1) on 53999/48

(z)

THE REGISTRAR GENERAL'S DEPARTMENT :

The Registrar General;

4 Assistant Registrars General (to be staffed

by legal officers from Legal Department "Y" above).

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As to "X" - Puise Judge. I take the opportunity presented by the proposed reorganisation to bring to your notice the necessity for the appointment of an additional judge. In Sir Mark Young's despatch No. 66 of 25th April, 1947, you were informed of the necessity for the appointment of such an officer on a temporary basis. Since November, 196, the services of an additional judge have been required continuously because of the need to form a Full Court (of Appeal) and the need for assistance in the disposal of the criminal work of the Supreme Court which since that date has been very heavy notwithstanding that enhanced powers were given to Magistrates hy the Powers of Magistrates (Emergency) Ordinance, 1946. To-day the volume of criminal work for the Supreme Court remains unabated while the disposal of civil work is in serious arrear, although by the continuance of the Moratorium and by the constitution of tenancy tribunals the Court has been relieved of work in its civil jurisdiction which would otherwise have fallen to it. In these circumstances it seems reasonable to assume that the provision of a Supreme Court constituted by a Chief Justice and two Puisme Judges has become a permanent necessity, and I recommend that the permanent establish- ment of Judges be increased by one post of Puisne Judge. This wil1 obviate the dislocation caused to the Judicial and Legal establishment by the need to provide indefinitely for an acting appointment as Additional Judge, If this recommendation is approved, the number of Crown Counsel will be reduced by one post, from five to four, and this reduction is shown in the preceding paragraph.

5.

In

As to "y" Registrar of the Supreme Court. Reference was made in my confidential staff despatch No. 3 of 7th January, 1948, to certain proposals which were under consideration in regard to the future of the post of Registrar of the Supreme Court. It is considered that the Registrar should be responsible for the functions of that office and no others. At the present time, because the office of the Registrar has attached to it the functions of the Companies and Trademarks Registry, and also the duties of Official Trustee, it is not feasible for him to be concerned to a sufficient extent with the duties, judicial and administrative, which attach to the post of Registrar. From the point ɗ view of the smooth working of the Supreme Court, such a position is unsatisfactory. view of the quantity of civil work which the Supreme Court is required to discharge, the delegation of Chamber applications and other inter- locutory matters to the Registrar would he of advantage. Under the present law, the Registrar has no power to deal with such matters but with your approval, it is proposed to introduce legislation conferring these powers.

In this event, notwithstanding any removal to another office of the miscellaneous functions at present discharged by the Registrar, the salary recommended by the Salaries Commission for the post I consider to be fully justified. If you do not approve of such a delegation of authority, I do not think that the salary recommended by the Salaries Commission should attach to the office of Registrar, which should then become a normal legal time scale appointment.

As to "X"

6.

Magistrates. It has been indicated that hitherto the Magistracy has in this Colony been regarded as an entity separate from the Supreme Court. This was because, until early 1940, the Magistracy was exclusively staffed by Administrative Officers. Since 1946, the Magistracy has been staffed by members of the Colonial

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