TNAG-1466-FCO40-1993-Visits-by-Sir-Edward-Youde--Governor-of-Hong-Kong--to-the-UK-1986 — Page 51

3.

ZCZC

HMLNAN 1472

CONFIDENTIAL

DD 070900Z FCOLN

FM HOKON TO FCOLN

070515Z FEB

GRS 1000

CONFIDENTIAL

FM HONG KONG

TO DESKPY 07090OZ FCO

TELNO 415

OF 070515Z FEBRUARY 86

NO DISTRIBUTION

PA

Keeha

..

а

650

HKD

HKR 0:26/4.

RECI

VERY

0 7 FEB 1986

10625

AjBT0/2

FOLLOWING FOR GALSWORTHY, HONG KONG DEPARTMENT FROM GOVERNOR

- MY TELNO 120: FUTURE OF THE JUDICIARY

1. THE POINTS I WOULD LIKE TO DISCUSS WITH THE SECRETARY OF STATE

APE AS FOLLOWS:

PRESENT SITUATION

2. THE JUDICIARY IS ALMOST ENTIPELY EXPATRIATE. THERE ARE ONLY 5

LOCAL JUDGES OUT OF 32 IN THE SUPREME COURT, 6 OUT OF 32 IN THE

DISTRICT COURT, AND ONLY 3 OF THE 53 MAGISTRATES ARE LOCAL. THE

PROPOSALS OUTLINED IN THE FOLLOWING PARAGRAPHS MAY HELP TO IMPROVE

THE BALANCE BETWEEN LOCAL AND EXPATRIATE SOMEWHAT. BUT NEITHER I

NOR THE CHIEF JUSTICE BELIEVE IT IS REALISTIC TO AIM AT ANYTHING

MORE THAN A 50-50 BALANCE BETWEEN THE TWO BY 1997. GIVEN THE SMALL

NUMBERS OF LOCAL JUDGES NOW, AND THE PESTPICTED SIZE OF THE SENIOR

LOCAL BAR EVEN THAT RATIO IS UNLIKELY TO BE ACHIEVED IF STANDARDS

ARE TO BE MAINTAINED. WE SHOULD THEREFORE CONSIDER WHETHER WE SHOULD

INFORM THE CHINESE ASOUT THE PRESENT AND LIKELY FUTURE SITUATION.

RETIREMENT AGES

3. PRESENT RETIREMENT AGES ARE 55 FOR MAGISTRATES (ALTHOUGH EXTENSIONS CAN BE GIVEN TO 65), 60 FOR DISTRICT COURT JUDGES

(WITH EXTENSIONS POSSIBLE TO 65), AND 65 FOR SUPREME COURT JUDGES

(THE LETTERS PATENT ALSO MAKE PROVISION FOP THE APPOINTMENT OF A

C

QUE DEMA

ND TA F

34