TNAG-0397-FCO40-443-Problem-of-increase-in-crime-in-Hong-Kong-1973 — Page 53

CONFIDENTIAL

"and had been called off after equally misconceived and had failed

If there was a four months", to show that something was being done. sudden increase in cases for trial, there was already provision for Commissioners. The absence of shorthand writers in the district courts was a grave handicap and made the judges task impossible to fulfil properly but it was not true that they were not available. It was a question of money. Apart from questions of substantial justice, trials without a jury left Chinese accused with the feeling

It was not true as that they had not been properly understood.

suggested in paragraph 8 of the AGS Note that the former CJ generally Sir Ivo's farewell interview supported the changes in jurisdiction. contained in the Star was quoted at length as showing that he regretted then extremely and had grave doubts about their necessity.

4.

Rushford asked whether Bar would be satisfied if accused in the District Court could elect instead for trial by jury. Lipkin said yes. Wilford said we would ask you about shorthand writers which was an administrative matter. In general we pointed out that the right channel for discussing administrative matters was through you. Jackson-Lipkin had also discussed these points with Roberts and had

Jackson-Lipkin been encouraged to put them up through your channels.

replied that Roberts had encouraged the idea of meeting with us.

5, On appointments to the bench Jackson-Lipkin said that most judges on appointment had no civil experience. They would benefit on appointment from a year in United Kingdom to gain civil and commercial experience. We all knew that two judicial appointments from the Bar to the District Court were in contemplation, but only those with a large private income or a strong sense of public duty could contemplate accepting. Judges salaries were too low, the retiring age of District Court judges and even Supreme Court judges was too low, particularly when judges could not return to the Bar.

The whole question

There was no proper Promotion was still too little on merit,

of retiring age should be brought up to date. pension for late entrants.

This system was

and a late appointee to the District Court stood little chance of appointment thereafter to the Supreme Court. acceptable in a civil service, but judges should be treated differently.

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/District