TNAG-1589-FCO40-21741-Future-of-the-judiciary-in-Hong-Kong.-Part-1-of-2-1987 — Page 233

CONFIDENTIAL

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LEAST AT THE SUPREME COURT LEVEL, ATTRACTED BROAD APPROVAL. D) PARAS 3(C),(D), (E),(F) AND (G): AGREED. ARE WE CORRECT IN

E)

ASSUMING THAT YOU WILL ALSO FOLLOW RECOMMENDATION A.3 OF THE ROBINSON REPORT (WHICH WE HAVE SEEN BY COURTESY OF THE LORD CHANCELLOR'S DEPARTMENT) IN LISTING THE JUDICIARY SEPARATELY

FROM THE CIVIL SERVICE?

PARA 3(H): WE AGREE THAT THERE SHOULD BE A SENIOR RANKING ADMINISTRATOR FOR THE JUDICIARY TO FULFIL THE FUNCTIONS PROPOSED IN THE ROBINSON REPORT, BUT WE SHARE SIR D ROBERTS VIEWS THAT HE SHOULD BE AN QUOTE UPGRADED UNQUOTE REGISTRAR (WITHOUT ANY JUDICIAL OR QUASI-JUDICIAL FUNCTIONS). OUR REASONS ARE THAT AN ADMINISTRATIVE OFFICER WOULD HAVE RECEIVED HIS TRAINING IN, AND MAY WELL LOOK FOR HIS PROMOTION TO, THE ADMINISTRATION AND MAY TEND TO BE QUOTE ADMINISTRATION MINDED UNQUOTE. IN THIS RESPECT, AND PARTICULARLY BE REASON OF HIS FINANCIAL FUNCTIONS, SUCH AN APPOINTEE COULD BE SEEN AS DETRACTING FROM, RATHER THAN ENHANCING, THE INDEPENDENCE OF THE JUDICIARY. YOU SHOULD BE AWARE THAT THE MASTER OF THE ROLLS HAS RECENTLY DRAWN

ATTENTION TO THE POSSIBLE DANGERS TO THE JUDICIARY FROM ITS MANAGEMENT BEING IN THE HANDS OF SENIOR NON-JUDICIAL

ADMINISTRATORS.

AS REGARDS THE UK ANALOGY, THE

ADMINISTRATORS ARE LEGALLY QUALIFIED AND TEND TO HAVE A FULL

CAREER IN THE LORD CHANCELLOR'S DEPARTMENT.

F)

PARA 3(1): VERY GOOD.

G)

PARA 4: WE AGREE THAT SOMETHING WILL NEED TO BE SAID TO THE CHINESE, BUT ARE ANXIOUS THAT THEY SHOULD NOT INFER THAT THE PROPOSALS (AND ANY FURTHER PROPOSALS THAT MAY BE MADE IN CONSEQUENCE OF THE ROBINSON REPORT) AMOUNT TO ANY SUBSTANTIAL RESTRUCTURING OF THE JUDICIARY AND THUS GIVE RISE TO

UNNECESSARY SUSPICIONS ON THEIR PART. WE SHOULD CONSULT ON THE MANNER AND CONTENT OF APPROACH AFTER EXCO HAVE CONSIDERED

THE CURRENT PACKAGE.

HOWE

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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