TNAG-1589-FCO40-21741-Future-of-the-judiciary-in-Hong-Kong.-Part-1-of-2-1987 — Page 110

To:

The Honcurable

Sir Denys Roberts K.B.E.

Chief Justice of Hong Kong.

c/c Supreme Court Hong Kong

17th December 1986

I am

I now have the honour to submit this Report to you.

also carrying out your decision to distribute it fairly widely and I respectfully agree with that decision.

No person and no organisation could be beyond criticism in a

study of efficiency. Commentators, whether informed or uninformed,

especially the latter, will do well to think how they or their

organisations would show up in an intensive scrutiny. Few people enjoy

an inquiry into the way their organisation works but are usually

without a plausible way of preventing one. In the case of a judiciary

there are quite strong contrary arguments of substance arising from its

place in the constitution and its lack of a platform from which to

defend itself. The risk of an exposure of the workings is that the

public might be led to draw false inferences from isolated points and

see defects in the system as faults in the judges. The danger is that

an inquiry might do more harm to the whole community than any good in terms of improved administration that might ensue.

examination

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That was not a risk in Hong Kong. In the course of my informed as it has been by my experience in the United Kingdom and my knowledge of the United States - and during a great deal of discussion I have not seen the slightest sign that the Hong Kong Judiciary falls short of the highest standards of Judicial quality, probity and integrity. This Judiciary has its place with the best nctwithstanding the speed at which it has had to develop in order to keep pace with the growth and development of Hong Kong. Moreover, the

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