Reference.....
FKK 14/?...
Mr Rushford
Staff in Corfianc
11K/14/255 I 1988/95 M.
728
1~KKI SO +
150
1972
APPOINTMENT OF JUDGES IN HONG KONG
1.
Your minute of 18 January and Mr Greenwood's of 22 January below. You asked to see these papers again and I should be grateful for your advice on how we should reply to the Governor. The confidential reports of the 3 judges are now attached.
2. Mr Ensot, Head of Recruitment Executive in the ODA has minuted on the ODA file (RC209/77/02) that nobody in the ODA has any responsibility for these promotions. I am rather worried about this point and I am therefore minuting separately about this.
3. In your minute of 18 January you mentioned previous papers dealing with the question of abolishing the post of Senior Puisne Judge. The papers you were thinking of are now attached in HKK 14/25 (1970). Your minute of 1 May 1969 (folio 4) refers. Please see also an exchange of minutes between yourself and Mr Carter in May 1969 at folio 6.
4.
The issue was then raised with the Governor in 2 letters from Sir Leslie Monson of 20 March 1970. The Governor replied on May 1970. in when He said that consideration was being given to the establishment of Appeal Judges and that if they decided to proceed with this the question of continuing the post of Senior Puisne Judge would be raised and their thinking at that time was that it should be abolished in those circumstances. The question was then shelved because the proposal to establish Judges of Appeal did not progress. The Governor last sought our approval for this in 1972. We told him at that time, on your advice, that it might be better to introduce new measures by administrative action and to leave the question of effecting changes in legislation over for a period (of say a year) so as to see how the administrative arrangements worked out in practice (FCO telegram no 59 saving).
5. In his recent telegram about the court system of Hong Kong the Governor informs us that the Chief Justice is again proposing the establishment of a permanent Court of Appeal. In the circumstances, you may now wish to revert to the suggestion that the post of Senior Puisne Judge should be abolished.
25 January 1974
P.M. Keely
P M Kelly (Miss) Hong Kong & Indian Ocean Department
No comments yet.
Private notes are available after approval.