TNAG-0352-FCO40-388-Appointments-to-judiciary-of-Hong-Kong-1972 — Page 138

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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APPOINTMENT OF JUDGES OF APPEAL IN HONG KONG

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1. The Governor is seeking approval of a proposal that two

of the existing Supreme Court Judges be renamed as Judges of

Appeal.

2. In view of the fact that Hong Kong made proposals of a

similar nature some three years ago and in the light of the

exchange of correspondence between London and Hong Kong at

that time, I suggest we should take advantage of Mr Rushford's

forthcoming visit to Hong Kong and invite him to disauss these

latest proposals with the Attorney General and others.

3. In a letter dated 10 October 1969 about the appointment

of the new Chief Justice, Sir David Trench said that Hong Kong

intended to introduce legislation providing for "the new

appointment of Judge of Appeal" (para 10).

However, in

discussion with Sir James McPetrie and Sir Leslie Monson

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Sir David Trench said that he did not wish to hasten consideration

of this matter (para 5 of the record).

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Sir James McPetrie commented on the Hong Kong proposals

in his minute of 11 March 1970.

5. On 4 February 1970 the Governor sent us for the

signification of Her Majesty's pleasure the Supreme Court

(Amendment) Ordinance 1970. Although the Bill attached as

enclosure 4 to the Governor's despatch provided for the

appointment of an Appeal Judge the Ordinance itself did not.

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