TNAG-0445-FCO40-510-Discussions-with-Sir-Murray-MacLehose--Governor-of-Hong-Kong-1974 — Page 147

CONFIDENTIAL

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Sir D Watson

ADMINISTRATION OF JUSTICE IN HONG KONG

1.

I attach copies of your letter of 18 April (with enclosures) and of the Governor's reply of 13 May, covering a letter from the Chief Justice.

2.

I have had a preliminary discussion with Mr Rushford. The following is a summary of the point we have reached on the outstanding questions.

1. Court of Appeal:

2.

Trial by Jury:

being established.

the Governor has promised another look,

but I do not think we can press him beyond his own

judgment.

3. Recorded Evidence: being proceeded with. It would be

useful to be able to quote more detailed plans in the final reply to Lord Gardiner.

5.

4. Legal Aid: being reviewed. The Governor and the Chief

Justice take differing views on the timing and amount of extensions to the system. You will wish to discuss with them both. The money is Hong Kong's and it is difficult to make a confident assessment of priorities from here. Retiring Ages and Pensions for Judges: the Chief Justice is in favour of 60 for the District Court and 65 in the Supreme Court. The Governor has agreed to look at this, but points out that there would be implications for khe

whole Civil Servico. This rolates to a reconsideration of the whole question of retiring ages in the Hong Kong Civil Service. These are almost certainly too low in present circumstances. But the negotiation of changes would be a delicate business.

There is also a personal complication. The Chief Justice is at present due to retire in 1976. He might be succeedel by Mr Roberts.. If the CJ stays on until 1979, Mr Roberts would have passed the normal Civil Service retiring nge, and might be out of touch with the law. This may colour the Governor's and Colonial Secretary's thinking.

CONFIDENULA L

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