TNAG-0594-FCO40-740-Staffing-in-the-Dependent-Territories-in-the-1980s-1977 — Page 97

(a)

(e)

2.

acting judge, usually their own senior magistrate. I think that

the Caribbean territories will more and more be able to supply their

own needs in the future.

Non-resident Courts of Appeal

Islands

When talking of judicial appointments, I have been referring only to High Courts. There are at present Courts of Appeal for Bahamas (Independent) Bermuda, Belize and Turks and Caicos Islands (shared)

St Helena and Falkland Islands (shared) Gibraltar and Anguilla. Caymanands which at present use the Jamaica Court of Appeal, are considering asking to use the same Judges as man the Courts of Appeal for Bahamas, Bermuda etc. We have recently heard that Bahamas may shortly leave the shared court and set up their own Court of Appeal, and we do not have to consider Bermuda in the 1980's. Of the remainder, only Belize produces much work. Appeals from Anguilla, St Helena, the Falkland Islands and Turks and Caicos Islands are very rare, and I imagine the

same applies to the Cayman Islands. The Gibraltar Court of Appeal is not particularly busy. Appeals from St Helena and the Falkland

Islands are heard in the United Kingdom.

Paragraphs (c) and (d) above lead me to conclude that the problem

of staffing the few remaining resident High Court judicial appointments and the Court or Courts of Appeal in the 1980's is not likely to be serious. The tendency for the Caribbean territories to look to the

West Indians is beginning to apply also to the Courts of Appeal. Retired judges or other suitably qualified lawyers are often available

not only from their own territories but from other territories in the

Caribbean, including independent countries. I believe that this trend will become more pronounced. Outside the Caribbean, judicial appointments are non-resident except in Gibraltar. Appointments to the Courts of Appeal can be combined with other work, as appeal sessions are short and infrequent. I would expect that it will be possible in the 1980's to fill all these needs from persons resident in the United Kingdom or Ireland. Judges can go on doing this sort of work

up to at least the age of 70. There will always be a number of retired Hong Kong judges available (retiring age 65). During the 1980's there are still likely to be other retired judges available with overseas experience. In case of difficulty the Lord Chancellor's Office are likely to be able to assist. They have a long list of persons with previous

/judicial

CONFIDENTIAL