TNAG-0700-FCO40-852-Appointment-of-District-and-High-Court-Judges-in-Hong-Kong-1978 — Page 15

CODE 18-77

Mr Rushford

JUDGES FOR HONG KONG

LAST

REF

་་

REF.

30

Reference

RECEIVED

HKA 373/3931.3.

6 DEC 1978

DESK KATKI INDEX

SERY

FA

Action Taken

Q

През

PX

36

1.

Thank you for letting me see your draft reply to Mr Bourne's letter of 15 November. I am content generally but suggest the following alternative to your paragraphs 9 and 10:-

2.

"19. I assume, however, it would be very difficult for you to take matters much further so long as we are able to keep the Hong Kong Courts adequately manned from the available sources of recruitment. I also take it that you would expect us to make determined attempts to recruit judges from the English Bar before pursuing the idea of seconding High Court judges to Hong Kong. The English Bar is a source that has not so far been tried but our recent essay in finding an Attorney- General from amongst its members suggests that it might supply some well-qualified and willing candidates.

"10. My own feeling is that we could not make out a sufficiently

strong case to justify giving support to Roberts' proposal at present. But we should certainly wish you to consider its feasibility very seriously if at some future time it proves. impossible to maintain the strength and quality of the High Court from existing sources. In the meantime I suggest that in replying to Roberts you might ask for more details about his suggestion. We do not know, for example, whether his intention is that the High Court in Hong Kong should be expanded to make room for English judges on secondment. do we know whether his proposal has been put forward after full discussion with all concerned in Hong Kong, including the Governor, or is largely personal at this stage.

#1

Nor

In his minute of 28 November, Mr Quantrill mentions that I had it in mind to have a word with Sir D Roberts before commenting on the draft. I decided on reflection not to do this. Since Sir D Roberts chose not to mention his proposal to us, and we do not know its status in Hong Kong, I thought it best to leave it to Mr Bourne to eleidete further information.

30 November 1978

Mr Fryland

In McLaren Ven

In angem

RJT McLaren

Hong Kong and General Department

1

ат

happy

to

comply with

Page 15Page 16