TNAG-0352-FCO40-388-Appointments-to-judiciary-of-Hong-Kong-1972 — Page 82

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CONFIDENTIAL

Reference

6.

Paragraphs 4 and 5 above seem to square with the second paragraph of the Governor's letter of 5 May 1970 (Flag A).

7. Returning to the Governor's savingram of 29 February 1972 my

inclination is to reply to the effect that the Secretary of State

would see no objection to giving a more distinctive and permanent

character to the membership of the Full Court by administrative

measures which would provide that the same individual judges should

sit regularly on the Full Court either for dealing with all appeals

or for dealing with particular classes of appeal. It might be

better to introduce these measures by administrative action and to

leave the question of effecting changes in the legislation over for a period (say a year) so as to see how the administrative arrange-

ments worked out in practice meanwhile.

8. If two new posts of Judges of Appeal were to be created by

statute in place of two existing Puisne judgeships, then substantive

appointments to those posts would have to be made. Such appointments

might carry more status but they would hardly be promotions, as no increase of emolument would follow (in that respect they would be similar to the present post of Senior Puisne Judge). I don't think

such new appointments could be made automatically on seniority alone

though there would perhaps be hard feelings among some of the judges

if they were filled on any other principle than Buggin's turn.

19. In suggesting deferment of the question of introducing legislation

for twelve months or so, I am of course conscious of the fact that

Rigby retires in May next year and that his successor (whoever that may be) might have different ideas as to the form the proposed

legislation might take or indeed as to the desirability of legislating

at all. We could hardly make this point in our reply, to the savingram

but, if it were thought necessary, it could be made to the Governor in a separate (d.o.) communication.

7 June 1972

A.R.R.

AR RUSHFORD

DEPUTY LEGAL ADVISER

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