TNAG-1589-FCO40-21741-Future-of-the-judiciary-in-Hong-Kong.-Part-1-of-2-1987 — Page 231

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AND SINCE WE ARE PROPOSING TO GRADE THE POST AT D6 THE QUESTION OF LOOKING FOR PROMOTION WITHIN THE ADMINISTRATION WOULD NOT ARISE. AS TO HIS DISTRACTING FROM THE INDEPENDENCE OF THE JUDICIARY HE WOULD BE DIRECTLY RESPONSIBLE TO THE CHIEF JUSTICE AND WOULD BE DIVORCED FROM THE GENERAL ADMINISTRATION RATHER LIKE THE COMMISSIONER ICAC. AN ALTERNATIVE TO THIS APPROCAH WOULD BE THE SELECTION OF A LAWYER WITH PROVEN ADMINISTRATIVE ABILITY AND EXPERIENCE FROM THE LEGAL GROUP OF DEPARTMENTS WHICH WOULD STILL BE IN KEEPING WITH THE THRUST OF ROBINSON'S REPORT. I THINK THERE ARE A FEW SUITABLE CANDIDATES IN THIS CATEGORY. THE PROBLEM WITH UPGRADING THE REGISTRAR IS FIRST THAT WE DOUBT WHETHER HE IS FULLY UP TO THE JOB AS ENVISAGED BY ROBINSON, SECONDLY THAT HE MIGHT BE SEEN BY THE JUDICIARY AS A RELATIVELY JUNIOR MEMBER OF THEIR RANKS GIVEN A COSMETIC REGCADING AND THIRDLY THAT THE CJ'S PROPOSAL INVOLVES THE REGISTRAR RETAINING HIS JUDICIAL AND QUASI-JUDICIAL FUNCTIONS. WE SHOULD BE GRATEFUL THEREFORE FOR YOUR FURTHER THOUGHTS ON THIS PARTICULAR POINT : IN THE INTERIM WE WILL INCLUDE ALL THESE POSSIBILITIES IN THE EXCO MEMO.

(F) WE AGREE WE SHOULD CONSULT ON THE MANNER AND CONTENT OF OUR APPROACH TO THE CHINESE AFTER EXCO HAS CONSIDERED THE PROPOSED

PACKAGE.

WILSON

YYYY

HMLNAN 2096

HONG KONG AGREEMENT: RESTRICTED

LIMITED

HD/HKD

HD/FED

RESEARCH D. (FE)

DEP.HD/PUSD

PS/MR RENTON

MR MCLAREN

MR GILLMORE

COPIES TO:

MR FIFOOT, LEGAL ADVISERS

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