XN000022-1994-10-26 — Page 32

THE JUDICIARY

16

1

WEDNESDAY, OCTOBER 26, 1994

CONCERNS

WERE

HIGH

IN

I TURN NOW TO ISSUES CONFRONTING THE JUDICIARY. EXPRESSED OVER THE NUMBER OF VACANCIES LIKELY TO ARISE IN THE COURT THROUGH RETIREMENT AND THE CREATION OF NEW POSTS IN THE NEXT 2 VACANCIES TO 3 YEARS. AS PART OF THE JUDICIARY'S MANPOWER PLANNING, THROUGH RETIREMENT ARE KNOWN WELL IN ADVANCE AND PLANS ARE ALREADY HAND TO FILL VACANCIES ARISING WITHIN THE NEXT 12 MONTHS. TENTATIVE PLANS HAVE ALSO BEEN DRAWN UP TO FILL VACANCIES ARISING THE LONGER TERM. THE JUDICIARY IS NOT IN A CRISIS SITUATION NOR IT REQUIRE INTENSIVE CARE AS MR SIMON IP SUGGESTED.

SIMILARLY

IN DOES

OF

MORE ELIGIBLE FOR ENLARGING THE

THE CHIEF JUSTICE AND THE JUDICIAL SERVICE COMMISSION ARE,

APPOINTMENTS JUDICIAL MAKE THE COURSE,

NEED TO ALIVE TO ATTRACTIVE. AS POINTED OUT BY MR 1P, MAKING SOLICITORS DIRECT APPOINTMENT TO THE HIGH COURT IS ONE MEANS OF

HAS CONFLICTING POOL OF CANDIDATES FOR APPOINTMENT. THE PROFESSION

ON THIS VIEWS

ADMINISTRATION IS NEVERTHELESS GIVING SERIOUS CONSIDERATION TO THE POSSIBILITY OF MAKING SOLICITORS WITH CERTAIN LEVEL OF EXPERIENCE ELIGIBLE FOR SUCH APPOINTMENTS.

ISSUE.

THE

A

ON JUDGES TO MR IP'S 'PROPOSAL OF RELAXING THE RESTRICTION

TIME RETURN TO PRIVATE PRACTICE IS ANOTHER SUBJECT HOTLY DEBATED FROM

BY A TO TIME. THE REQUIREMENT FOR SUCH AN UNDERTAKING IS PROMPTED NUMBER OF CONCERNS. IT IS, OF COURSE, ESSENTIAL THAT JUSTICE MUST NOT IF JUDGES WERE FREE TO ONLY BE DONE, BUT MUST BE SEEN TO BE DONE.

JUDICIAL RETURN TO PRIVATE PRACTICE, THERE COULD BE A PERCEPTION THAT

AND IF MANY DECISIONS MAY HAVE BEEN INFLUENCED BY ULTERIOR MOTIVES. EXPERIENCED JUDGES DID RETURN TO PRIVATE PRACTICE THIS COULD UNDERMINE IT IS PUBLIC CONFIDENCE IN THE MAINTENANCE OF THE RULE OF LAW WHEN

AND MOST NEEDED. MOVEMENTS BACKWARDS AND FORWARDS BETWEEN THE BENCH

PUBLIC ESTIMATION OF THE THE PROFESSION

TEND TO LOWER THE WOULD

THE ENGLISH BAR'S JUDICIARY. I WOULD ADD THAT, A RECENT STUDY BY

CAME DOWN IN WORKING PARTY ON THE POSITION OF JUDGES AND THE BAR FAVOUR OF MAINTAINING THE CONVENTION AGAINST RETURN TO PRACTICE.

ON MUCH, FORWARD REVOLUTION"

UP.

I AM GRATEFUL TO MR MOSES CHENG FOR HIS ENCOURAGING REMARKS THE PROGRESS OF ADMINISTRATIVE REFORM WITHIN THE JUDICIARY. INDEED, HAS BEEN ACHIEVED OVER THE PAST FEW MONTHS ON TAKING WHAT THE CHIEF JUSTICE DESCRIBES AS THE "QUIET MANAGEMENT

THESE OF THE JUDICIARY. THE JUDICIARY WILL KEEP THE MOMENTUM

USE INCREASED

OF MODERN COMPUTER IMPROVEMENTS WILL INCLUDE THE TECHNOLOGY, BOTH IN RESPECT OF THE MANAGEMENT OF THE JUDICIARY AND

I WOULD ADD THAT MY OWN DEPARTMENT RESPECT OF PROCEEDINGS IN COURT. HAS ALSO STARTED TO IMPLEMENT ITS WIDE-RANGING PROPOSALS IN RESPECT OF INFORMATION TECHNOLOGY.

IN

APPEAL.

AS

SOME MEMBERS RAISED THE SUBJECT OF THE COURT OF FINAL WE NEED TO ESTABLISH A COURT OF FINAL APPEAL IN HONG KONG AS SOON

COUNCIL AS POSSIBLE TO REPLACE THE JUDICIAL COMMITTEE OF THE PRIVY

то THE · JUDICIAL AS APPEALS HIGHEST HONG KONG'S

THAT IT IS IMPORTANT COMMITTEE CAN TAKE UP A YEAR TO BE HEARD, COURT OF FINAL APPEAL SHOULD BE OPERATING AT THE LATEST BY MID 1996.

APPELLATE COURT.

OUR

/AS MEMBERS

·