CONFIDENTIAL
administrative reforms should appear to the Chinese as constituting substantial reforms as to structure.
10. It may well be, for example, that even if there is general agree- ment to the major structural reforms suggested by Mr Robinson, con- stitutional and convergence considerations would suggest playing them down and retaining the Registrar as administrator, but without judi- cial functions.
11. The third element with which we are concerned is the seventh paragraph of Mr Robinson's letter to Sir D Oulton. As you are aware, I have had similar thoughts in relation to issues of localisation and the need to prepare the judiciary for 1997. However, the matter cuts both ways. A thorough-going or high profile programme may re- quire a thrust and initiative; a low profile programme could well suit us better vis-a-vis the Chinese and could be pursued with less vigour. The basic problem, is not so much Mr Robinson's programme of reform, or even my proposals for localisation, so much as an appre- ciation of the structure, relative position, and composition of the judiciary after 1997. It may be that those matters will remain relatively unchanged, but I do not think that we should rely on that assumption without further study. (I should add that I see a need for such crystal-gazing right across the board and not only with regard to the judiciary).
12. For immediate action, I would propose, if you agree, to write to Sir D Roberts, copy to the Governor, and to Mr Blair in the terms of the drafts attached. Subject to replies from the Chief Justice, this would be a useful item for the agenda for my next Hong Kong visit.
вопрос
Paul Fifoot
Legal Advisers
CONFIDENTIAL
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