TNAG-1589-FCO40-21741-Future-of-the-judiciary-in-Hong-Kong.-Part-1-of-2-1987 — Page 182

are strong. It is surely incontrovertible that, whatever the policy on appointment of locals and expatriates may be, llong Kong ought to move towards developing a bench which, in considerable part at least, it has produced from among its own practitioners.

This must mean the

appointment of Hong Kong lawyers of the right calibre at all levels. It would be most unfortunate if lack of experience for a vacancy were to rule cut an otherwise good candidate. In any case, the exceptional enterprise and energy of Hong Kong call for a bench that can show a more than ordinary degree of versatility. and a readiness to develop fresh expertise.

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8.

Is a Studies System Necessary?

A system of judicial studies is an important element in the task of filling the experience gap. It is true that the most valuable training is training on the job but a great many people, judges included, need help even with that. And in the early stages of

judges' careers it is no longer seen as something to be tolerated that litigants should suffer, whether in the result because cases go wrong or financially because they take too long. Much can be done to warn about pitfalls and to guide on essential points.

9.

The point has been made, however, that the importance of specialisation is so great that a system for enabling a judge to work outside his particular area would reduce efficiency rather than improve it. It has also been put to me by some judges that they are so out of touch with certain types of work that it would not be efficient to train them for reassignment. I accept that the latter point applies in

some cases and also that the former point has weight in regard to Isome individuals. But taken together these arguments ought not to be seen as guiding principles for the future of the Hong Kong Judiciary. It is not large enough to be rigidly divided into areas of specialisation except by resorting to a wasteful and probably unfeasible enlargement

of the

If there is a defect let it be cured rather than deliberately perpetuated. I do not believe the determined specialists

bench.

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A