TNAG-0499-FCO40-564-Administration-of-justice-in-Hong-Kong-1974 — Page 87

CONFIDENTIAL

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ADMINISTRATION OF JUSTICE IN HONG KONG

1.

Lord Gardiner, Chairman of JUSTICE, approached us Last

summer to discuss this question at official level. This was at the

instigation of various members of the Hong Kong Bar, who have been

critical of the general standards of the administration of justice

in the Colony. Lord Gardiner asked that the then Secretary of State's

attention should be drawn to his Council's view that "by reason of

the high degree of sophistication of Hong Kong and its importance as

an international commercial and banking centre, the traditional

colonial legal structure is neither appropriate nor efficient and

that the time has come for an objective review of all aspects of the

administration of justice in the Colony". Lord Gardiner was promised

replies on certain specific issues raised by JUSTICE but on the

question of a general review it was merely confirmed that the

Council's views had been brought to the attention of the then

Secretary of State.

PKKNI 1873

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Attached is Savingram no. 60 which we then sent

to Hong Kong, together with a following letter from Lord Gardiner.

2.

Subsequently The Times of 9 January published a critical

article on the judicial system in Hong Kong. This had no direct

connection with Lord Gardiner's representations, but its inspiration

was the same group of lawyers in Hong Kong.

This issue was also the subject of a Parliamentary

Question during the last Parliament from Mr Andrew Faulds.

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3.

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14.

CONFIDENTIAL