TNAG-2164-FCO40-3097-Judicial-arrangements-between-Hong-Kong-and-Brunei-1990 — Page 6

Background

CONFIDENTIAL

JUDICIAL ASSISTANCE TO BRUNEI

Malaysia.

In 1963 Brunei made a decision not to join

Prior to that Brunei had been served by the

Unified Judiciary of North Borneo, Sarawak and Brunei.

After independence, the only professionally qualified

officer left in Brunei was a magistrate and the practice of

sending judges from Hong Kong started in 1964.

2.

In 1964 the Sultan appointed the then Chief

Justice of Hong Kong, in his personal capacity, as Chief

Justice of Brunei. At the same time, agreement was reached

between the Government of the United Kingdom and the Sultan,

with the concurrence of the Hong Kong Government, that, when

required, members of the Hong Kong Judiciary would be

appointed to act as Commissioners of the Supreme Court of

Brunei. The arrangement was formalised in 1979 by an

exchange of notes between the Government of the United

Kingdom and the Sultan of Brunei. There was a further

exchange of notes confirming the arrangements shortly before

Brunei obtained its independence in 1984.

Financial Arrangements

3.

The Government of Brunei pays to the Hong Kong

Government full salary, on-costs and return air-fares for

judges seconded to Brunei and, in addition, provides

CONFIDENTIAL