TNAG-0499-FCO40-564-Administration-of-justice-in-Hong-Kong-1974 — Page 32

CONFIDENTIAL

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CRS 700*

PRIORITY

CYPHER/CAT A

RECEIVED IN

REGISTRY No.52

- SLF 1974

FM HONG KONG Ø60400Z

CONFIDENTIAL

HKIL 14/6

TOP COPY

TO PRIORITY F C O TEL NO 904 OF 6 SEPTEMBER. 1974

FOR RUSHFORD FROM ATTORNEY GENERAL:

ADMINISTRATION OF JUSTICE.

53

کم کے

1. IN MY LETTER TO YOU OF 26 JULY ON THE SUBJECT OF THE ADMINISTRATION OF JUSTICE, I SAID THAT WE SHALL LET YOU HAVE THE TEXT OF OUR ANNOUNCEMENT OF THE CHANGES WHICH ARE PROPOSED FOR

USE AS THE BASIS OF A REPLY TO LORD GARDINER.

2. THE TEXT OF THE ANNOUNCEMENT IS AS FOLLOWS :

QUOTE SINCE HE ASSUMED OFFICE IN MAY 1973 THE CHIEF

JUSTICE HAS HAD UNDER REVIEW A NUMBER OF MATTERS AFFECTING THE

JUDICIARY. SOME OF THEM HAVE INVOLVED CONSULTATION WITH THE

SECRETARY OF STATE. AS A RESULT OF HIS REVIEW, THE CHIEF JUSTICE HAS PUT FORWARD A NUMBER OF RECOMMENDATIONS WHICH HAVE BEEN ACCEPTED BY THE GOVERNMENT.

2=

ONE IS THE ESTABLISHMENT OF A SEPARATE COURT OF APPEAL. THE DECISION TO PROCEED WITH THIS WAS ANNOUNCED IN THE LEGISLATIVE COUNCIL RECENTLY. IT IS EXPECTED THAT THE NECESSARY LEGISLATION WILL BE PRESENTED TO THE LEGISLATIVE COUNCIL BEFORE THE END OF THIS YEAR.

3. THE CHIEF JUSTICE HAS RECOMMENDED THAT THE LAW SHOULD FORMALLY CONFER SECURITY OF TENURE ON THE OFFICE OF DISTRICT JUDGE, ALTHOUGH THE POSSIBILITY OF THE REMOVAL OF A DISTRICT JUDGE FROM OFFICE HAS NEVER IN PRACTICE ARISEN, IT IS CONSIDERED THAT STATUTORY PROVISION IS DESIRABLE, TO EMPHASIZE THE FULL INDEPENDENCE OF DISTRICT JUDGES. IT IS PROPOSED TO CONFER ON THEM SIMILAR PROTECTION TO THAT WHICH IS ALREADY CONFERRED BY THE LETTERS PATENT, ON SUPREME COURT JUDGES, WHICH PROVIDE THAT A SUPREME COURT JUDGE CAN ONLY BE REOMOVED FROM OFFICE AFTER INVESTIGATION BY A SPECIAL TRIBUNAL AND REFERENCE TO THE JUDICIAL COMMITTEE OF PRIVY COUNCIL. THE PRECISE WAY IN WHICH THIS WILL BE ACHIEVED HAS YET TO BE DETERMINED,

CONFIDENTIAL

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