TNAG-0700-FCO40-852-Appointment-of-District-and-High-Court-Judges-in-Hong-Kong-1978 — Page 28

CODE 18-77

RUSHFORD

RESTRICTED

Reference

HKA 373/393/3

723. $1

2 2 NOV 1973

PRY

Mr Rushford

JUDGES FOR HONG KONG

1.

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sjon Take

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Thank you for showing me Mr Bourne's letter of 15 November and the correspondence with Sir Denys Roberts enclosed with it. Like you I have not previously heard of this idea.

2.

When I was in Hong Kong recently I heard a fair amount of criticism of the Judiciary. There are clearly some very good Judges but in general the quality is pretty mixed. I am there- fore in favour of efforts to raise the standard of the Judiciary in Hong Kong, and I should have thought that that would be HMG's interest too. Whether Sir Denys Roberts' proposal is the right way to tackle the problem I am not qualified to judge.

There may,

are,

as Mr Bourne says, be serious objections of principle; if there

I hope they would amount to more than that such a thing has never been done before. The other objections mentioned by Mr Bourne are more a matter for us than for him and I do not myself think there is a great deal to them. The Colonial Judiciary are a dying race and, if the moment has not already arrived, will soon cease to be a source from which Hong Kong can draw. I see no reason why the import of Judges from the UK need necessarily arouse local resentment, certainly not from the popu- lation at large.

3. I therefore hope we can persuade Mr Bourne to give Sir D Roberts' idea serious consideration, or, at the least to suggest some practicable alternative solution. Perhaps we could discuss.

LAB!

口

(၃၀)

Revangen

16 November 1978

BU NORD for 27/11.

RJT McLaren

Hong Kong and General Department

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