TNAG-2219-FCO40-3187-Constitutional-development-in-Hong-Kong-Letters-Patent-and-R-1991 — Page 11

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Letters Patent Articles 14 and 16 provided for Deputy Judges to be appointed by the Governor. Under local legislation, however the Chief Justice appointed Deputy Judges and often removed them without cause or notice. Again he warned that there could be litigation over this and a Privy Council Appeal.

e) There was a pratical problem of a shortage of able appellate judges. A solution would be to extend the retirement age up to 70 instead of the current system where by the retirement age was 60 but extension of tenure was granted in unclear and informal circumstances. Extensions were not gazetted and were not subject to Judicial Services Committee recommendations (he cited an example where a High Court Judge had had his 10 year extended by a telephone call).

Finally, Mr Keane said that we needed urgently to look at the office of the Attorney General: the present incumbent had completely lost the confidence of the profession. He remarked that the appointment of John Wood as DPP had done something towards restoring confidence in the Criminal Division.

4. I made no comment on any of the above but said that I had taken careful note and would discuss with our Legal Advisers. you wished to discuss further with him you would contact him direct. If we thought it necessary we would discuss his points with Hong Kong.

If

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PA Major

Hong Kong Department

PS.

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20 May 1991

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CC: Mr Paul

Mr Stone A

CODE 18-77

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