TNAG-0499-FCO40-564-Administration-of-justice-in-Hong-Kong-1974 — Page 79

PERSONAL & CONFIDENTIAL

proposal that the retiring age should be raised to 60 in the District Court and 65 in the Supreme Court. And I do not think that a candidate would be forthcoming unless the appointment carried with it a pension or gratuity.

The question of a pension or a gratuity for a judge appointed from the Hong Kong Bar will require investigation. I do not like the idea of two judges being appointed on different terms but both having the same status in d jurisdiction. One course would be to appoint a member of the Hong Kong Bar to be a Judge by contract. There have, of course, been cases of Chief Justices being appointed on contractual terms.

Prima facie, I am not in favour of the appointment of a member of the English Bar as a Judge of the Supreme Court in Hong Kong. It is very necessary that if an outside candidate is chosen that he be of the very highest quality. It would be unusual, to put it mildly, for a man of that calibre, aged say 50, who may well have a family and deep roots in the United Kingdom, to emigrate to Hong Kong. He would have the difficult task of absorbing the particular problems of Hong Kong and he might find the climate overwhelming. There is a danger that a barrister with not a very good practice but who has no prospects for the Bench in the United Kingdom would apply, being a person who really wants a nice safe billet for his declining years. So, in my view, we should look to the profession in Hong Kong and not

There to the profession elsewhere when seeking a candidate. are several members of the Hong Kong Bar who would be an ornament to the Bench.

6. Nearly all our magistrates are appointed on contract. Magistrates are of several grades and recently they have suggested that all magistrates should be of one grade. This would mean a very great change and the matter is actively being investigated at the moment.

7. The magistrates have no civil jurisdiction. Any person who is now appointed to the District Court will have spent a period of time as a Registrar, so there is no danger now of a person being appointed to the District Court who has not had experience of civil matters. Registry deals with all matters which, in England, are dealt with by a Master in Chambers and, of course, a Registrar has unlimited jurisdiction.

The

I would also comment that there are very few civil This appeals from the District Court to the Supreme Court. would not be the case if the District Court Judges vere incompetent or inadequate in this field.

I do not favour a civil jurisdiction for the Magistrates Courts. Indeed, such civil work as they had or could be given would not be of assistance in fitting them for a more senior appointment in the Judiciary.