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Justice will wish to consult the Government in Hong Kong about the implementation even of internal judiciary administrative reforms.
6. There are, however, a number of issues of a constitutional nature or touching on convergence with which we need to be concerned. We are committed now, and through the Joint Declaration in the future, to the independence of the judiciary. Having had some experience of colonial judiciaries, I am not unduly disturbed about some of the points made in the third paragraph of Mr Robinson's letter to Sir D Oulton. A system of judicial promotion and appointment from the legal civil service does not necessarily detract from judicial in- dependence, though I entirely agree that a demonstrable separation of the judiciary including magistracy and tribunals, in Government lists is more important than might appear superficially. These mat- ters apart, we must certainly do all we can to ensure that the judi- ciary is independent - a quality which depends on selection of the right people to operate it and the capacity of those who operate it to do so effectively.
7. For the future, JD.66 is some qualification on the selection of the higher judiciary, but I think that consideration needs to be given to the way in which the Judicial Service Commission operates both at that level and below. Apart from a passing reference to the problem on page 74, Mr Robinson does not advert to the appointment of judges though this is a matter on which you will recall I ad- dressed you in a minute dated 3 March. With regard to operations, I see some merit in the appointment of a Presiding Officer of the various divisions, though I am slightly surprised that there is not, at least at certain levels, such a system in being at the moment. The real innovation proposed is that of the high-level administra- tor.
8.
This proposal clearly owes a lot to the re-organisation of the higher English courts in the 70's. It is said, that that reorganisa- tion did much for the increased efficiency of the judicial system in this country, and it could well work in a similar way in Hong Kong. However, only yesterday, The Times carried a report of a speech by Sir J Donaldson, the Master of the Rolls,in which he drew attention to the danger resulting from the management of the judicial service in the hands of senior non-judicial administrators and considered that this was potentially dangerous and leading to ministerial, rather than judicial, control. Since finance for the judiciary is always in the hands of the Executive (save possibly for the salaries of the judges), the addition near the top of the structure of some- one who owes his training, and perhaps his promotion prospects, to the Government does raise a serious question and it is one with which we here need to be particularly concerned.
9. The second element with which we need to be particularly con- cerned relates to the presentation and timing of any substantial reform of the judicial system. I tend to share Mr Robinson's view that reforms should be instituted earlier rather than later, but I am somewhat apprehensive lest what for the most part is a series of
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/administrative
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