TNAG-0500-FCO40-565-Appointments-of-puisne-judges-in-Hong-Kong-1974 — Page 14

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STAFF IN CONFIDENCE

TO ROUTINE HONG KONG TELNO 372 OF 19 APRIL 1974.

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YOUR TELNO 212: COURT OF APPEAL

1, YOUR PARA 4. WE SEE NO CBJECTION TO ESTABLISHMENT OF PERMANENT COURT OF APPEAL, AND AGREE THAT THE CHANGES YOU NOW PROPOSE WOULD NOT NEED AMENDMENT OF THE LETTERS PATENT.

2. TWO POINTS ARE FOR CONSIDERATION. FIRST, WHETHER YOU ENVISAGE AT ANY TIME ESTABLISHING A PERMANENT COURT OF APPEAL WITH COMPLETELY SEPARATE MEMBERSHIP WHICH WOULD NEED CHANGES TO THE CONSTITUTION. SECOND, PRESUMABLY THE

APPEAL JUDGES WOULD GIVE FIRST PRIORITY TO WORK IN THE APPEAL COURT AND THE FACT THAT THEY WOULD CONTINUE TO BE ELIGIBLE TO SIT AT FIRST INSTANCE WOULD NOT PREVENT THEIR DEVOTING SUFFICIENT

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! TIME TO APPEAL WORK. THIS IS RELEVANT TO LORD GARDINER'S

ALLEGATION ABOUT DELAYS IN THE HEARING OF APPEALS IN THE PRESENT FULL-COURT. SIR D WATSON IS WRITING SEPARATELY ABOUT LORD GARDINER'S REPRESENTATIONS, SUGGESTING AMONG OTHER. THINGS THE POSSIBILITY OF A FURTHER REVIEW.

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