TNAG-0499-FCO40-564-Administration-of-justice-in-Hong-Kong-1974 — Page 173

(b) likewise, one can readily accept the

desirability of better facilities for recording the proceedings in District Courts and magistrates Courts;

(c) there may well be a case for persons

accused of indictable offences before

District Courts and magistrates Courts to have the option of trial by jury

As for the terms and conditions of judges, it may well be desirable to make more formal provision for the security of tenure of District Judges than exists at present, although in practice they have just as much

I find it very security as Supreme Court judges. difficult to swallow Jackson-Lipkin's contention that because some expatriate magistrates serve for terms of years under contract, because some District Judges are appointed from the magistracy and because some Supreme Court judges are appointed from the District Courts, magistrates and District Judges have a bias against the I also accused and a bias in favour of the government. would not agree that judicial appointments in Hong Kong are made on seniority regardless of merit.

I do not believe that the quality of judges and magis- trates in Hong Kong is as low as he and his associates make out, and they are certainly not mere civil servants subordinated to the executive and lacking in judicial independence.

I would agree that in order to give more scope for direct appointments to the District Court or the Supreme Court from among practising members of the Hong Kong Bar or the English Bar, it may be desirable to enable such persons to serve for fixed terms of say ten or fifteen years without having to retire at 55 or 62, and to earn a substantial pension at the end of such service. In saying this I do not mean to imply that the Hong Kong Bar would necessarily provide many suitable candid- ates even on those terms it is to be hoped that the local university will in due course produce enough local lawyers to make a substantial contribution to the magistracy and judiciary but for the time being most of the magistracy and judiciary will of necessity have to

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