TNAG-1589-FCO40-21741-Future-of-the-judiciary-in-Hong-Kong.-Part-1-of-2-1987 — Page 236

(G) REGULATIONS. IT IS CONSIDERED THAT THE JUDICIARY SHOULD

HAVE ITS OWN REGULATIONS FOR JUDICIAL OFFICERS. THESE WOULD

REPLACE CIVIL SERVICE REGULATIONS AND WOULD BE IN TWO FORMS. THE

FIRST GROUP OF REGULATIONS WOULD BE MADE BY THE JSC WITH THE

APPROVAL OF THE GOVERNOR AND WOULD COVER AREAS FOR WHICH THE JSC IS

RESPONSIBLE. THE SECOND GROUP OF REGULATION WOULD BE MADE BY THE

CHIEF JUSTICE WITH THE APPROVAL OF THE GOVERNOR AND WOULD COVER

THE REMAINING CSRS APPLICABLE TO JUDICIAL OFFICERS.

***

(H) ADMINISTRATION OF THE JUDICIARY. THE ROBINSON REPORT RECOMMENDS THE APPOINTMENT OF A JUDICIAL ADMINISTRATOR TO REPLACE

THE REGISTRAR OF THE SUPREME COURT TO BE RESPONSIBLE TO THE CHIEF

JUSTICE FOR THE ADMINISTRATION OF THE JUDICIARY. IT IS PROPOSED

TO RECOMMEND THAT THE ROBINSON'S RECOMMENDATION IN THIS REGARD

SHOULD BE IMPLEMENTED BUT THERE IS A DIVERGENCE OF OPINION AS TO

HOW. WE SHARE ROBINSON'S VIEW THAT THE JUDICIAL ADMINISTRATOR

SHOULD BE AN ADMINISTRATIVE OFFICER BUT THE CHIEF JUSTICE FEELS

THAT HE SHOULD BE A JUDICIAL OFFICER, ESSENTIAL THE REGISTRAR OF

THE SUPREME COURT UPGRADED, WITH ADMINISTRATIVE SUPPORT BEING

BROUGHT IN AT A LOWER LEVEL. IN PUTTING THE CASE TO EXCO WE

MAY THEREFORE HAVE TO ARGUE BOTH CASES.

(1) FUNDING. IT IS PROPOSED TO ESTABLISH A SPECIAL FUND WHICH

WOULD BE TOPPED UP AUTOMATICALLY FROM WHICH TO PAY JUDICIAL SALARIES AND ALLOWANCES ETC. AND TO MEET THE OTHER EXPENSES OF THE JUDICIARY FROM A STRAIGHT-LINE VOTE.

WHILE IN THEORY SOME OF THESE PROPOSALS DO NOT INVOLVE THE CHINESE, WE WOULD PROPOSE, SUBJECT TO YOUR VIEWS AND EXCO'S AGREE- MENT, TO PUT THE ENTIRE PACKAGE TO THEM.

5. IF AT ALL POSSIBLE WE SHOULD LIKE TO PUT THE ABOVE PACKAGE

OF PROPOSALS TO EXCO BEFORE THE CHIEF JUSTICE GOES ON LEAVE IN MAY. BECAUSE OF THIS WE SHOULD BE GRATEFUL TO KNOW IF YOU SEE ANY DIFFICULTIES DESKBY 27010OZ.

WILSON

APOLOGIES FOR THE VERY SHORT NOTICE.

YYYY

HMLNAN 1829

HONG KONG AGREEMENT: RESTRICTED

LIMITED

HD/HKD

HD/FED

RESEARCH D. (FE)

DEP.HD/PUSD

PS/MR RENTON

MR MCL RET MR GILLMORE

CONFIDENTIAL

COPIES TO:

MR FIFOOT, LEGAL ADVISERS

i