TNAG-0499-FCO40-564-Administration-of-justice-in-Hong-Kong-1974 — Page 59

STRUCTURE OF JUDICIARY.

Subject

Establishment of Court of Appeal.

·CONFIDENTIAL

ADMINISTRATION OF JUSTICE IN HONG KONG.

Existing Position

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

-

Proposal

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

JURY TRIAL.

Jury trial in District Court.

Trial by judge alone.

TRÍAL WITH ASSESSORS.

Trial in District Court with

Trial by judge alone.

assessors.

RETIRING AGE.

(1) Retiring age

for Puisne Judges.

62 years of age.

(2) Retiring age for District Judges.

55 years of age.

No change

insufficient frors.

But

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

No change.

(a)

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

(b) Chief Justice not in favour.

To be considered further.

Chief

Justice in favour and Attorney General

does not object ge king

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.