XN000022-1985-01-07 — Page 2

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MONDAY, JANUARY 7, 1985

1985 LEGAL YEAR OPENS

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THE SINO-BRITISH AGREEMENT ON THE FUTURE OF HONG KONG SHOULD REASSURE LOCAL PEOPLE THAT THE COURTS WILL CONTINUE TO OPERATE VERY MUCH AS THEY DO TODAY, DURING THE PERIOD OF THE AGREEMENT, THE CHIEF JUSTICE, SIR DENYS ROBERTS SAID TODAY (MONDAY).

+AND, THE AGREEMENT ACCEPTS THAT THE ROLE OF THE COURTS IS A CRUCIAL ELEMENT IN THE CONTINUANCE OF THE PERSONAL FREEDOMS AND STYLE OF LIFE WHICH THEY NOW ENJOY, HE SAID.

THE CHIEF JUSTICE WAS SPEAKING AT THE OPENING OF THE 1985 LEGAL YEAR HELD AT THE CITY HALL.

HE SAID AN ANNEX TO THE AGREEMENT EMPHASISES THAT THE COURTS SHALL EXERCISE THEIR JUDICIAL POWER + INDEPENDENTLY AND FREE FROM ANY INTERFERENCE+.

+THERE IS PROVISION FOR APPOINTMENT OF JUDGES BY AN INDEPENDENT COMMISSION, FOR THE RECRUITMENT OF JUDGES FROM OVERSEAS AND FOR THE DISMISSAL OF JUDGES ONLY FOR INABILITY OR MISBEHAVIOUR ON THE RECOMMENDATION OF A TRIBUNAL COMPOSED WHOLLY OF JUDGES.+

SIR DENYS SAID ALSO THAT MANY DIFFICULT PROBLEMS AFFECTING THE JUDICIARY WOULD HAVE TO BE RESOLVED DURING THE TRANSITIONAL PERIOD, TO PREPARE HONG KONG FOR ITS LONGER FUTURE.

+ HAVE NO DOUBT THAT THEY CAN, AND WILL, BE SOLVED IF THE GOODWILL, WHICH HAS CHARACTERISED THE NEGOTIATIONS BETWEEN CHINA AND BRITAIN, PERSISTS DURING THE NEXT DECADE, AS I BELIEVE IT WILL, HE SAID.

SIR DENYS SAID ONE OF THE MATTERS TO WHICH HONG KONG MUST GIVE ATTENTION, IS THE BEST METHOD BY WHICH MORE ABLE LOCAL LEGAL PRACTITIONERS CAN BE ATTRACTED INTO THE JUDICIARY.

+THE JUDICIARY IS AT PRESENT NOT REPRESENTATIVE OF THE COMMUNITY WHICH IT SERVES, THOUGH THIS IS NOT THE WAY WE WANT IT,+

HE SAID THERE WAS IN GENERAL, LITTLE DIFFERENCE BETWEEN THE VOLUME OF WORK OF THE COURTS IN 1984 AND THAT IN 1983.

THE COURT OF APPEAL DEALT WITH 793 APPEALS, INSTEAD OF 819 IN 1983. THE MAJORITY OF APPEALS FROM IT TO THE PRIVY COUNCIL WERE DISMISSED,

IN THE HIGH COURT, THE NUMBER OF INDICTMENTS FILED INCREASED FROM 308 TO 335.

+THIS GROWTH, WHILE SIGNIFICANT STATISTICALLY, DOES NOT ILLUSTRATE PROPERLY THE ADDITIONAL WORK RESULTING FROM A LARGER NUMBER OF VERY LONG TRIALS, WHICH IMPOSE SUCH A STRAIN ON THE SYSTEM AND ON THE JURORS,+ HE SAID.

/IN THE