Reference HKK 14/14
54
nford
Mr Runford (Legal Adviser K 188)
ANNOUNCEMENT OF HONG KONG APPOINTMENTS
IN THE LONDON GAZETTE
1. Although I am aware you have already been asked by Mr Lambert of this Department whether the appointment of Fuisne Judges in Hong Kong must be published in the London Gazette, I should be grateful for your advice on a particular related point which might help us to solve a problem on which no-one seems certain.
2. As you may well remember from your days as Counsellor. ic of the "Joint Staff" , paragraph 6,
Section II S of the Colonial Office "Code of Procedure" required that the appointment of a Chief Justice be approved by Her Majesty The Queen and announced in the London Gazette. Sub-section (a) of the same Section states that the "procedure for the appointment of Judges other than Chief Justices is similar, except that no formal submission is made to Her Majesty The Queen". This suggests - though it is not stated categorically that if an appointment does not require Her Majesty's approval, publication in the London Gazette is not necessary.
3. Could you say whether this is the case please?
4. As a matter of interest, Legal Executive Branch inform me that no Hong Kong Judge has been gazetted in London since 1939. All seven of the Puisne Judges in Hong Kong were appointed since 1961 and therefore none was gazetted in London.
JA Clewley Hong Kong Dept K 245
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