TNAG-0499-FCO40-564-Administration-of-justice-in-Hong-Kong-1974 — Page 51

1.

STRUCTURE OF JUDICIARY.

Subject

Establishment of Court of Appeal.

2*

JURY TRIAL.

Jury trial in District Court.

ADMINISTRATION OF JUSTICE IN HONG KONG.

Existing Position

No separately constituted court without permanent members. Full Court (that is, existing Appeal Court) composed ofee Chief Justice and/or other judges.

Trial by judge alone.

Proposal

Separate Court of Appeal with permanent members - Chief Justice and two others who could sit at first instance, but rarely would. Drafting started.

Early '75.

No change

A

insufficient jurors.

But

no objection in principle though jury trial of no special significance in Hong Kong.

3.

TRIAL WITH ASSESSORS.

Trial in District Court with

Trial by judge alone.

assessors.

careful about XI

Koľkys rink.

Don't pursue

4.

RETIRING AGE.

(2) Retiring age for District Judges.

62 years of age. (1) Retiring age books at

for Puisnes,

Ansone from Bor. Judges. A

"Evans looks at port or in V.I. Wudy to

55 years of age.

Consider when

Whetsto become

usent

✓

No change.

(a)

This idea would not meet criticism (assuming it has validity) of lack of jury trial.

(b) Chief Justice not in favour.

unless (xinner bring it back.

To be considered further.

Chief

Justice in favour and Attorney, General

does not object age they

Talk to Gou

To be raised to 60 concurrently with announcement of general Government policy with respect to extension of service of other officers beyond 55. Such extensions would be fairly freely granted so that holding of retiring age of District Judges to 55 indefen- sible whilst short-term extensions not appropriate in the case of judges.

лошка вол

lina.