CONFIDENTIAL
Itrict Court judges were not even styled His Honour, while JPS appeared one table of precedence. The appointment on short contract of Judges, however appropriate for civil servants, was wrong for judges, who had to be seen to be independent. It was right to try to localise the bench, but quite wrong that local judges should have a lower leave entitlement (apart from travelling time) than expatriates. There was a great need for a permanent appellate court which it had been the former Chief Justices intention to introduce. Civil Appeals were being grossly delayed. Jackson-Lipkin stressed that he made all these points on behalf of the Hong Kong branch of Justice, not on his own behalf. Lord Gardiner commented that they demonstrated the need for an enquiry, and also mentioned mandatory sentences to which he was opposed. We pointed out the limited field in which these applied
and the reason for them.
6.
Grateful for your comments as the basis for a letter to Lord Gardiner. You have already covered most of the points on the new
legislation, but the wider question of the whole structure of the system and appointments and conditions of service for the judiciary will need some thought. We have also promised specific answers on possible election for trial by jury, and on shorthand writers. If you do think there is a case for detailed revision or a wide ranging review
we will, of course be ready to give what help we can.
7.
A table of comparison, of terms of appointment and of service etc, produced by Jackson-Lipkin, between judges in the United Kingdom and Hong Kong follows by bag.
FILES
HKI OD
Legal Advisers
Private Secretary
PS/Mr Royle
Sir D Watson
Mr Wilford
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CONFIDENTIAL
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