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Minister

Flag A

Flag RO

Flags

Mr Youdé

PS Mr

Hoy Me G

1611.

MAGISTRATES AND JUDGES IN HONG KONG

1. Mr Peter Rees MP wrote to Mr Royle on 20 February about

appointments to the Hong Kong Bench. He had also discussed

with Mr Royle the appointment and calibre of magistrates in

Hong Kong. Mr Royle sent an interim reply on 9 March.

2. The Governor has now created two new judgeships on the

District Court bench and the posts have been filled by

appointments from the Hong Kong Bar by Mr G A De Basto QC

and Mr Benjamin T M Liu QC.

3.

On the question of recruitment procedures and the calibre

of candidates for the magistracy in Hong Kong, Mr Royle minuted

that the situation was not satisfactory.

As a result, during

the summer, Mr Fifoot discussed these problems with Mr Roberts,

Mr Hobley, the new Attorney-General, and Mr Oliver, Registrar

of the Supreme Court in Hong Kong. All considered that the

general calibre of expatriate magistrates in Hong Kong was

satisfactory but that it took time for newcomers to find their

feet and adjust themselves to the Hong Kong scene. Mr Rushford

also discussed the issue briefly with the new Chief Justice Flag 25) when he was here and subsequently wrote to him on 20 September.

3x25)

Flag 2

27/2

4. These discussions did not of themselves provide enough

material for a reply to Mr Rees. But the Chief Justice has

now sent a helpful reply in which he deals with the various

problems facing the magistracy and also attaches a useful

summary showing a breakdown of the establishment of magistrates

/in Hong Kong.

in Hong Kong.

5.

The total strength of the establishment is 46 magistrates

and there are 2 vacancies at the moment. Most of the magistrates

are of United Kingdom, Irish or Old Commonwealth origin; only 6

are locals. The Chief Justice says that he is particularly

anxious to recruit local Cantonese speaking magistrates but

that few candidates have come forward over the last few years

and of those a good many have left the judiciary to return to

private practice. In due course the new Hong Kong Law School

will help to improve this situation but this is unlikely to

happen for a number of years. In the meantime it will be

necessary to rely heavily on external recruitment. In Mr Briggs

opinion the standard of magistrates in Hong Kong has never been

higher and their individual professional experience is very

good indeed.

1

6. Although the correspondence with Mr Rees is some months old,

I believe he would welcome an up-to-date account of the situation.

I submit a draft letter from Mr Royle accordingly.

department's legal adviser agrees.

The

8 November 1973

DCSL

A C Stuart

Hong Kong & Indian Ocean Department

M.P. letter.

Double spacing, 4 spaces between paragraphs.

Flag references.

NOTHING TO BE WRITTEN IN THIS MARGIN

Registry No. GK

Unclassified

DRAFT TO M.P.

To:

Peter Rees Esq QC MP House of Commons

London SW1

Type 1 +

From

Mr Royle

Telephone No. & Ext.

Department

Consular

To Be Seen By:

You will remember our correspondence earlier

this year, resting with my letter of 9 March

about appointments to the Hong Kong Bench.

Enclosures:

As you are no doubt already aware, Sir Ivo

Rigby has now retired.

is Mr Justice Briggs.

The new Chief Justice

The Governor has also

phe

recently created two new district judgeships.

You may already have heard that These posts

have been filled by the appointment of members

of the Hong Kong Bar, Gerald De Basto QC and

Benjamin T M Liu QC.

Copying Action:

To (Post):

As regards the appointment and calibre of

magistrates, which we talked about earlier, you

may like to know that we have had an opportunity

during the year to discuss the matter with the

new Chief Justice, with Denys Roberts, formerly

Attorney-General and now Colonial Secretary,

and with the new Attorney-General, Hobley.

Their general view is that the calibre of the

expatriate magistracy is satisfactory, although

it does take time for newcomers to find their *Report (to the Department) feet and adjust themselves to the Hong Kong For *Necessary Action

*Bag By

*Fastest Means

*With

*Without

Enclosures

*Information

*Delete words not required

/scene.

(16556) Dd.897198 3m 6/72 G.W.B.Ltd. Gp.863 (17359) Dd.897485 4m 1/73 G.W.B.Ltd. Gp.863