5299/43
The Church House,
33
Great Smith Street,
S.W.1.
5th March, 1948.
Ars'd. (15)
A few days ago I received a letter from you, enclosing a memorandum about the judicial and legal set up in Hong Kong. I was under the impression that I had acknowledged it and told you that as I was about to depart for West Africa for three weeks or so I should have to defer my reply until I came back, but I cannot trace a carbon copy of the letter. However, my African visit has now been postponed and I have had an opportunity to read your memorandum and have done so with much interest. I cannot say that I have been able to study it carefully, but the following comments from one who has had an opportunity to get an overall picture of the Colonial Legal Service but no actual experience in a law office, may be of interest to you.
3
2.
The present situation certainly seems to contain some odd features for example, a Registrar of the Supreme Court apparently regarded as in the Attorney-General's Department and dealing with subjects which are hardly appropriate to his office, unless he is and to be given an additional title such as "Registrar-General"; assistant Crown Solicitors who are not assistants to the Crown Solicitor.
3. I am particularly interested to see that you propose that an additional Puisne Judgeship should be created and that the Registrar of the Supreme Court should be given the powers of a Master in the United Kingdom. From the point of view of adminis- tration of Justice, the former would be a particularly good move, as it would help to solve the problem of the Court of Appeal, I am sure that everyone will agree that it is of the utmost im- portance that adequate appeal facilities should be provided for every colony. If, however, the Registrar, is to take interlocu- tory proceedings, that will no doubt relieve the judges of some of their present work, and perhaps the result might be that there
If would not be the same need for an additional Puisne Judge. this is so it might perhaps be possible to transfer some of the more important work how taken by magistrates to the Supreme Court and avoid the appointment of an additional magistrate, thereby creating a set-off against the additional expenditure consequent on the increase of the Supreme Court Bench.
4. I entirely agree that the magistrates should be in the I expect Judicial Department and under the Chief Justice. Blackall bas told you that this change was made in Trinidad whilst he was there and the Attorney-General of British Guiana told me a few days ago that it has been suggested that that colony should follow suit.
I was under 5. I am not quite clear about the Crown Solicitor. the impression that he was already regarded as being for some purposes in the Attorney-General's Department, but I gather I was wrong. I believe Jamaica is the only other colony which now has a Crown Solicitor. As to whether the particular problems of Hong Kong necessitate the retention of the office with its present status, I am not in a position to say, but I understand that you think not and that you propose that the Assistant Crown Solicitors
The Honourable J,B, Griffin.
/should
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