TNAG-1589-FCO40-21741-Future-of-the-judiciary-in-Hong-Kong.-Part-1-of-2-1987 — Page 162

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15.

One of the expressed reasons for keeping the listing in the hands of the Principal Magistrate or Senior Judge is concern about exposing officials to undue pressure and the possibility of corruption. If that concern is well-founded it will be better to try and overcome

the problem than give in to it. There is a need to increase flexibility and an official rather than the Principal Magistrate will be better placed to do it. The risk of corruption can be reduced by the

method of control. The Independent Commission Against Corruption with whose representative I have discussed this would not dissent from my recommendation. Nor would the Commission inhibit decision-making by listing officers in the other courts and tribunals if there is judicial direction and managerial supervision.

16.

It is important to appoint as listing officers those best suited to the role since they are crucial to the effectiveness by which the Judiciary's administration will be judged. The listing officer needs a knowledge of the courts' workload and functions and the parts played by the lawyers and all who have business at court. It has been suggested that listing officers should be legally qualified but I doubt that a sufficiently experienced lawyer would enjoy the work or see the salary as an inducement. Lioreover, there would be no means of seeing whether a lawyer had the necessary non-legal qualities except by trying him out after he had burned his boats. If lawyers wish to volunteer well and good but I doubt the usefulness of trawling for them.

17.

It would be better to continue to select listing officers from the grades of the civil service but with close

with close attention to special qualities. A listing officer must have the capacity to manage an area of business in a state of continuous change outside his control; a rigid or inflexible personality is out of place but so is one that is easily influenced. The listing officer should be influential himself but understanding, purposeful but attentive. He should resist the undue influences of unorthodox importunity and he must have a broad back for his judgment is often questioned.

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