XN000022-1988-11-15 — Page 9

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TUESDAY, NOVEMBER 15, 1988

"PUBLIC CONFIDENCE IS THEREFORE OUR THE COURTS ARE NIL."

LIFEBLOOD, WITHOUT WHICH

THE IN HIS SPEECH ENTITLED "RECRUITMENT OF THE PERFECT JUDGE",

THE PUBLIC WOULD EXPECT CHIEF JUSTICE EXPLAINED THE QUALITIES THAT FROM JUDGES.

HE POINTED OUT THAT A COMPETENT KNOWLEDGE OF THE

LAW, THE SAME AS A COMPETENT WORKING KNOWLEDGE OF THE THE THREE CRITERIA FOR JUDGES.

THE CHIEF

JUSTICE

LAW WAS NOT THE FIRST OF

SAID THAT WHAT WAS

AS THE JUDGE IMPORTANT AND OF

TO EXPLAIN IT, LISTENED TO THE EVIDENCE, HE HAD TO DECIDE UNIMPORTANT AND WHAT WAS THE LAW TO BE APPLIED GIVEN A CERTAIN SET FACTS.

OF "BUT IN ORDER TO DETERMINE THE FACTS HE IS TO APPLY THE LAW

AND REJECT EVIDENCE, TO CONSIDER EVIDENCE WHICH IS ADMISSIBLE IN LAW THAT WHICH IS NOT,' HE SAID.

"HAVING ARRIVED AT HIS CONCLUSION ON THE FACTS, THE LAW TO BE APPLIED TO THOSE FACTS."

HE DETERMINES

MISUNDERSTANDING OF THE SIR TI LIANG SAID THAT IF, THROUGH A

OF FACTS, THEN APPLYING EVIDENCE, ERRORS WERE MADE IN THE FINDINGS

THE

AND WOULD PRODUCE

WRONG RESULTS FACT THE WRONG THE LAW TO

FACTS TO THE CORRECT

WOULD ALSO SIMILARLY AFPLYING THE WRONG LAW RESULT IN AN ERRONEOUS JUDGEMENT.

"IN ORDER TO AVOID THE PITFALLS I HAVE ALLUDED

A

HUMAN KNOWLEDGE OF POSSESS MUST NECESSARILY COMMONSENSE, AND A CLEAR MIND," HE SAID.

TO, THE JUDGE

AFFAIRS,

MUCH

MUST NOT THE CHIEF JUSTICE EXPLAINED THAT THE MAXIM, "JUSTICE BE DONE" WOULD BE

BEST THE THE SECOND OF THE THREE

ONLY BE DONE BUT MUST ALSO BE SEEN TO

TEMPERAMENT, JUDICIAL WORDS TO DESCRIBE CRITERIA FOR JUDGES.

++

IF

A

OR

BOASTFUL, FRIVOLOUS OR RUDE, JUDGE IS POMPOUS

CONTROVERSIAL AND ARGUMENTATIVE, STUBBORN OR DEFIANT, UNJUSTIFIABLY

HIS JUDGEMENT BB PATENTLY LAŻY OR INATTENTIVE, THEN CLEARLY EVEN IF

DONE, KE CORRECT, THERE IS A FEELING THAT JUSTICE IS NOT SEEN TO BE SAID.

REMEDY GUILTY OF

THE JUDGEMENT, SIR TI LIANG SAID THAT UNLIKE AN ERROR MADE IN WHICH MIGHT BE CORRECTED ON APPEAL, THERE WOULD BE NO JUDICIAL TO REDRESS THE GRIEVANCE A PARTY MIGHT FEEL IF A JUDGE WAS THE SHORTCOMINGS.

"BUT IT