TNAG-0499-FCO40-564-Administration-of-justice-in-Hong-Kong-1974 — Page 92

PERSONAL AND CONFIDENTIAL

Foreign and Commonwealth Office

London S.W.1

His Excellency

Sir Murray MacLehose KCMG MBE

Governor

HONG KONG

18 April 1974

n. Crow Dr

A

Dear Mumay

Thway

LABT

REF.

NEXT

REF.

ADMINISTRATION OF JUSTICE

1.

(35

19/4

PA

2014

We have been taking further counsel with the Legal Advisers on the complex of questions raised by Lord Gardiner when he called to see us last summer with the delegation from Justice. Since then there has been the critical Berlins article in The Times and rumblings from others, including conservative lawyers such as Mr Peter Rees MP, all suggesting that there is a case for a general review of the administration of justice in Hong Kong. Although your telegram No 67 refutes many of the original allegations, it does not I fear really provide us with a sufficient reply to Lord Gardiner, particularly after such a lapse of time. He will certainly expect that the intervening six months will have been used for a comprehensive review, and we ourselves are inclined to agree that some of Justice's criticisms may call for action.

2. The Legal Adviser's own view is that the allegations may well be exaggerated and misrepresent the position in many respects, but that there does appear to be some room for constructive changes. This suggests that there may be a case for the sort of overhaul of the administration of justice in Hong Kong that McKinsey's have recently carried out for the central administration, to reflect the needs of sophisticated modern society like Hong Kong.

3. Sir Vincent Evans has set out his thoughts in a minute of which I enclose a copy. His suggestion is that a team of senior lawyers might visit Hong Kong to look at the problem and make recommendations to you on the workings of the judicial system. I realise that this could pose problems of substance and of morale in Hong Kong; but if the initiative for such an exercise could come from your end and men of the right calibre were chosen, it could be useful.

/It would

PERSONAL AND CONFIDENTIAL