TNAG-0499-FCO40-564-Administration-of-justice-in-Hong-Kong-1974 — Page 117

Mr Youde

Sir D Watson

CONFIDENTIAL

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HONG KONG JUDICIARY

1.

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Lord Gardiner approached us last summer on behalf of

Justice to discuss the question of the administration of justice

in Hong Kong (FCO Saving telegram no. 60 and Lord Gardiner's

letter to Mr Wilford of 30 August). Subsequently The Times of

9 January published a critical article derived from the same

sources in Hong Kong. After reminders Hong Kong have provided

a commentary in their telegram no. 67. This is all right as far

as it goes but its rather dismissive approach does not explain

the long delay in replying to Lord Gardiner. After this lapse of

time he will expect a reply which shows that there has been some

deep thinking on the whole question. Moreover the legal advisers

take the view that there may well be substance in many of the

criticisms of the present system. Mr Rushford has provided a

commentary outlining his views. These views have also been

endorsed by the Legal Adviser who has agreed that we might send

a copy of his minute to Hong Kong as evidence of the serious

concern of the Secretary of State's advisers on this subject.

2.

Since what we are suggesting is a thorough-going review

of the Hong Kong legal system, which could be expensive, and

would involve an admission that all was not well with the present

system, I think that we need a personal letter from Sir D Watson

to the Governor.

CONFIDENTIAL

13.