TNAG-0499-FCO40-564-Administration-of-justice-in-Hong-Kong-1974 — Page 103

LAS!

26

NO

REF.

PERSONAL & CONFIDENTIAL

A.R. Rushford, Esq., C.M.G., Foreign and Commonwealth Office,

Downing Street,

LONDON, S.W.1.

CHIEF JUSTICE'S CHAMBERS,

COURTS OF JUSTICE.

HONG KONG,

18th March, 1974.

TO US

My dem

NFORD,

213

2 5 MAR 1974

R.

A.

الاا

lacic 14/6

Thank you for your letter of the 8th March, 1974. I will answer the points raised in it now as I am just off to China where I shall be for about a week.

Your para. 1. The title of District Court Judges. The District Court Judges really do want to have the title of "His Honour" although it is fair to say that not very long ago they said they did not mind. We would, therefore, like this suggestion to go forward.

Your para. 4. There is a certain amount of truth in this. We are trying to get district court judges and magistrates to give decisions in open court immediately upon the conclusion of the cases. We are very flushed with district court judges and magistrates at the moment and there can be very little excuse, except in a difficult case, for reserving judgment. As you know, they have to give the reasons for their judgment when there is an appeal, and on these occasions the reasons are always written sometime after the conclusion of the case.

Your para. 5.

There is nothing in this point but the Magistrates' Association has approached me and asked that there should be only one grade of magistrates. These should be Stipendiary Magistrates and very well paid. They want the cream and jam on their bread so they do not envisage a non-promotion grade. They want to be considered for promotion to the District Court Bench as well. This, if adopted, might have the effect of attracting some local talent. A counter suggestion has been made that we should have a small body of

Cont'd