TNAG-0499-FCO40-564-Administration-of-justice-in-Hong-Kong-1974 — Page 94

CONFIDENTIAL

SHFORD

ری

bas 8-2

Mr A R Rushford

Mr AC Stuart (Hong Kong & Indian Ocean Dept

K 246)

1.

It is evident that there are a number of matters which should be pursued further and with the minimum of delay. Among these are

(1)

the Chief Justice's proposal for the establishment of a Court of Appeal;

(11)

the suggestions in paragraph 2 of Mr Rushford's minuto of 23 January to meet the criticism that trial by jury is only available in the Supreme Court;

(111) the possibility of recording evidence by stenographic

machine (or by tapes ?);

(iv)

(v)

the review of the legal aid system, which seems to me to be seriously inadequate;

the question of retiring ages and pensions for members of the judiciary: my preliminary view is that the retiring ages should be 60 for District Judges and 65 for Supreme Court Judges, with pension rates that make satisfactory provision for practising lawyers recruited into the judiciary at a late stage in their careers;

(vi) the terms of appointment of magistrates;

(vii)

the problem of ensuring that members of the judiciary have the necessary experience to handle civil casos: on the face of it there is much to be said for extending the jurisdiction of magistrates to enable them to dool with minor cases of a civil character.

There may well be others.

2. It is important that we should be seen to be following up these matters with determination. The Berlins article may be exaggerated and misrepresent the position in many respects, bu there also appear to be grounds for justifiable criticism.

3. I wonder whether the matters requiring investigation or not sufficiently serious for us to appoint, with the agreement of the Governor, a team of say three senior lawyers of the righ

CONFIDENTIAL

/experience