Mr Yonde
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CONFIDENTIAL
13)
On Stefan
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HONG KONG COURT OF APPEAL AND APPOINTMENT OF PUISNE JUDGES
1.
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In his telegram no. 212 (paragraph 4) the Governor seeks
our approval for the establishment of a permanent Court of Appeal.
The intention is to reconstitute the Supreme Court in two
divisions, a High Court and a Court of Appeal. The latter would
consist of the Chief Justice and two Appeal Judges, who would be
eligible to sit in the first instance in the High Ourt also.
2.
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The Governor last sought our approval for such a proposal in 1972. On the advice of the Legal Advisers we then suggested
that we should introduce new measures by administrative action
and leave open the question of changes in legislation for about
a year, in order to see how such administrative arrangements
worked out in practice (FCO telno. 59 Saving). The Governor
concurred in this advice. We have heard nothing since. Indeed
the Governor, in his latest recommendation, does not make it clear
whether the Chief Justice has tried the suggested administrative
arrangements, but without success; whether he never put them into
practice; or whether the Governor regards his present proposals,
which are largely administrative in character, as being a substitute
for the earlier scheme. We could ask him. But since I, and also
now the Legal Advisers, think that the new proposal is right in
principle, there seems no need to waste time.
3.
A further reason for avoiding delay is that the need for
a permanent appellate court was one of the points made by Lord
Gardiner, when he called with the Justice delegation last summer.
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