TNAG-1589-FCO40-21741-Future-of-the-judiciary-in-Hong-Kong.-Part-1-of-2-1987 — Page 98

Mr Ham Ham

CONFIDENTIAL

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FROM:

Paul Fifoot

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DATE:

14 April 1987

29 APR 1907

THE HONG KONG JUDICIARY

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1. I attach a copy of a report on the Hong Kong judiciary by Mr Peter Robinson, a former Deputy Secretary in the Lord Chancellor's Department. This report was commissioned by Sir D Roberts to advise on the improvement in the structure and administration of the Hong Kong judiciary and to make recommendations improving its efficiency etc. I also attach a letter to me from Mr Michael Blair, a Deputy Secretary in the Lord Chancellor's Department and a letter from Mr. Robinson to Sir D Oulton, the Lord Chancellor's Permanent Secretary.

2. I do not suggest that you read the Robinson report in toto. Much is concerned with matters internal to the judiciary designed to ensure that the best use is made of judicial time and aiming at a five-hour court day. You may, however, wish to glance at the recommendations in Chapter IX.

3.

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Of more concern from an overall policy point of view are the passages designed to bolster the independence of the judiciary see Chapter 1 paragraphs 11 and 12 (pages 14 and 15) and Chapter 2 particularly paragraphs 14 to 19 and 20 to 29 (pages 24 to 30). In these passages, Mr Robinson recommends the establishment of a Presiding Officer (with a pay differential) for each section of the judiciary, including the magistracy and tribunals, and the appoint- ment of a high-powered administrator to manage the judiciary. Robinson also proposes that the recommendations he makes should be implemented sooner rather than later and notes that the impetus and thrust must come from the judiciary as the Government will have its hands full dealing with other matters.

Mr

4. Mr Robinson's letter to Sir D Oulton seeks to interest the Lord Chancellor's Department in the report, pointing out that, in his view, "even under the present regime there are matters which tend against judicial independence" and his belief that "the best hope lies in ensuring that the judiciary has its own firm administrative basis." In paragraph 7, Mr Robinson expresses his doubt that there is "enough collective willpower in the judiciary to bring about the necessary reforms". Mr Blair recognises that these matters are really the Secretary of State's concern and, with the authority of the Lord Chancellor, has written to me on this subject.

5.

I do not know whether you were aware of Mr Robinson's project. I had heard of it, but did not know of its conclusion or the content of the report until I received Mr Blair's letter. As I have noted above, a great deal of the report concerns matters of judicial ad- ministration on which one needs to rely to a considerable extent upon the expertise of those who have practiced in this field such as Mr Robinson, the Chief Justice of Hong Kong and his principal assistants. Some of the recommendations made by Mr Robinson will involve money and, if for no other reason, I assume that the Chief

/Justice

CONFIDENTIAL