TNAG-1589-FCO40-21741-Future-of-the-judiciary-in-Hong-Kong.-Part-1-of-2-1987 — Page 193

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6.

Comparisons are,

however,

instructive.

The operational strength of the Court of Session in Scotland is 22 including the President and the Lord Justice Clerk. The jurisdictions are similar to those of the Supreme Court in Hong Kong. The two populations are also of similar size. England and Wales have an aggregate of 100 judges in the Court of Appeal and the High Court which is only three times as many as in Hong Kong although the population is eight times the size.

7.

The indications are that Hong Kong should

Kong should consider the options carefully before deciding on increases in the establishment of the Supreme Court. The constant reinforcement of the High Court by several Deputy Judges temporarily appointed from the District Court is an indication to the contrary. The practice is strongly criticised both inside and outside the Judiciary but I do not recommend a cure by enlargement of the establishment.

The District Court Civil

&.

The overloading of the High Court

contrasts with the

underloading of the District Court. There is in all organisations a general tendency for the upper echelons to do the work of the lower as I wrote in my Discussion Papers :-

"Grade-Drift

Organisations have a tendency to something inelegantly called grade-drift a refinement of Parkinson's Law. This means that left to itself low quality work will ascend to high ranks. It is as true of judiciaries as of other organisations and in their case is assisted by price inflation. Only vigilance and preventive action curb the tendency. It is especially difficult to correct in courts because judges are often reluctant to relinquish a class of work and lawyers are often opposed to downward adjustment. This present study provides an opportunity to grasp the nettle and consider how the community can best be served by its various levels of judge. If grade-drift is not checked it leads to the following states :-

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