TNAG-0314-FCO40-350-Appointments-to-judiciary-of-Hong-Kong-1971 — Page 56

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Reference

40

Mr Rushford (Legal Advisers)

APPOINTMENTS FROM THE BAR TO THE BENCH IN HONG KONG

Gyreo

1.

•

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(36) Prew

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In the last paragraph of my letter to Mr Holmes of 4 November 1970, I touched on the question of pensions for those promoted from the local Bar to the Bench.

2.

Their

The ODA have now completed their researches. two letters on the matter are those from Mr Simpkin to Mr Kinnear of 10 December 1970 and 26 July 1971. These boil down to something based on the provisions of the Federal Supreme Court (Salaries and Pensions) Act 1960 of the West Indies. or provisions for the payment of a substantial terminal gratuity. I am not sure that the West Indies precedent would be entirely satisfactory for Hong Kong. It would do away with difficulty as between one judge and another but members of the public service other than judges of the Supreme Court might complain about the introduction of preferential pension arrangements for the judges. It seems to me therefore that the idea of a substantial terminal gratuity is more likely to be a starter.

3. If you see no objection I propose to let Hong Kong have the results of the ODA's researches and also the views of the Department as set out in paragraph 2 above.

4 August 1971

EMarin

E O Laird

Hong Kong Department

DD 737719 557664 500M 2/71 GM 3643/2