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PRC appear concerned that a strong and fully functional Final
Court of Appeal might encourage a greater atmosphere of
independence from China in the fledgling Special
Administrative Region than is desired. The calibre,
reputation for integrity and courage, as well as the learning
and experience of the judges appointed, will be subject to
critical scrutiny and evaluation in
in Hong Kong. Their
appointments will set the tone for confidence on the judicial
system within Hong Kong and beyond. The appointments have,
therefore, both a practical and symbolic importance.
Eighthly, there are concerns about renewal of the
judiciary in Hong Kong and retention of a large, active and
independent legal profession. The Chief Justice is reported
as expressing concerns about the many retirements in prospect
and the difficulty of getting suitable appointees.
Apologists have explained the difficulty by citing lack of
interest because of unattractive salaries and benefits
concerns about
about the future of a person holding a commission
from the outgoing régime. Local lawyers suggest that
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it is rather a want of enthusiasm for localising the
judiciary and
and the desire to promote expatriate judicial
officers which has slowed the filling of vacancies. At this
stage in the history of Hong Kong, it would appear to be
desperately urgent
urgent to localise the judiciary as far as
possible, as an assurance for the survival of the common law
in Hong Kong. A legal system seen to be foreign will be much
more vulnerable. Localisation of the judiciary would also
permit, in the lower courts, the use of the Cantonese
language. The conduct of the great bulk of legal proceedings
in the language of
of the local people is essential to
to its
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