TNAG-0398-FCO40-444-Appointments-to-supreme-and-district-courts-from-the-Bar-in--1973 — Page 19

CONFIDENTÄÄL

Foreign and Commonwealth Office

London SW1

The Hon Mr Justice Briggs

Chief Justice's Chambers Courts of Justice

HONG KONG

Telephone 01-

Your reference

Our reference

HKK 14/12

Date

31 October 1973

29

My dear Geoffrey

Many thanks for your letter reference A/9/78 about magistrates.

This is most helpful and reassuring and I am sure that

Mr Anthony Royle will find it of great interest.

I was amused to see the effusions of the Hong Kong Bar Association as reported in the South China Morning Post of 24 October (copy attached). This echoes much of what was said to us at the meeting with Lord Gardiner in London last August by Jackson-Lipkin. The spokesman claims that a number of magistrates and judges are employed on contract which need not be renewed by the Crown. This is certainly untrue as regards Supreme Court Judges and is I believe also untrue as regards District Judges (De Basto's and Liu's contracts are I understand to run until age 55 without any power of the Crown to terminate by notice).

Magistrates may however be treated differently, in that some may be engaged for fixed periods (eg 3 years) that would expire before age 55. If so, you may think it worth considering whether there would be any virtue in giving contract magistrates security of tenure until age 55, subject perhaps to satisfactory completion of a period of probation on first joining the service. It is after all just as important to protect the independence of members of the magistracy as members of the higher judiciary, and in principle it would seem right to give them formal security of tenure until the retiring age unless removed for inability or misconduct.

Ever yours

Antony

RLF.

2.

(32)

AR Rushford

Deputy Legal Adviser

;

CONFIDENTIAL

·