TNAG-2438-FCO40-3543-Hong-Kong-judiciary-appointments-1992 — Page 68

CONFIDENTIAL

HKA 373/1

CONFIDENTIAL

FM FCO

TO IMMEDIATE HONG KONG

TELNO 899

OF 02163OZ JUNE 92

"ps p.a. Judiciary)

Appts AW1416

нк

37

EWpts

062331 MDHOAN 5317

PERSONAL FOR GOVERNOR FROM RICKETTS, HKD

JUDICIAL APPOINTMENTS

1. AS I MENTIONED IN HONG KONG LAST WEEK, THE PERMANENT SECRETARY IN THE LORD CHANCELLOR'S DEPARTMENT, MR LEGG, INVITED SIR JOHN COLES TO CALL TODAY TO DISCUSS THE ISSUE OF BRITISH JUDGES FOR THE HONG KONG COURT OF APPEAL AND IN DUE COURSE THE COURT OF FINAL APPEAL. THE SECRETARY OF STATE HAD RAISED THIS MORE THAN ONCE WITH THE LORD CHANCELLOR IN THE MARGINS OF CABINET, FOLLOWING YOUR PRIVATE TALK WITH THE SECRETARY OF STATE IN LATE APRIL. THE LORD CHANCELLOR'S DEPARTMENT HAVE NOW EVIDENTLY GOT THE MESSAGE AND WANT TO BE HELPFUL.

2. MR LEGG BEGAN BY SUMMARISING THE BACKGROUND AS THEY UNDERSTOOD IT. THEY WERE READY (AND HE THOUGHT ABLE) TO FIND A SUITABLE BRITISH CANDIDATE FOR THE PANEL OF OVERSEAS JUDGES FROM WHICH THE HONG KONG CHIEF JUSTICE WOULD, ONCE THE COURT OF FINAL APPEAL WAS ESTABLISHED, BE ABLE TO SELECT ONE JUDGE. THEY THOUGHT THAT THIS CANDIDATE WOULD

PROBABLY BE A RETIRED LAW LORD.

3. THE PROPOSAL TO FIND A JUDGE TO SERVE ON THE HONG KONG COURT OF APPEAL WITH THE PROSPECT OF ADVANCEMENT IN DUE COURSE TO THE COURT OF FINAL APPEAL WAS DIFFICULT BUT NOT IMPOSSIBLE. HE ASSUMED THAT WE WERE LOOKING FOR A JUDGE WHO WAS EITHER NOW SERVING ON, OR GOOD ENOUGH TO SERVE ON THE BRITISH COURT OF APPEAL, AND WHO WAS PROBABLY STILL UNDER 55.

4. SIR JOHN COLES SUMMARISED THE BACKGROUND TO THE COURT OF FINAL APPEAL ISSUE AND THE IMPORTANCE OF ESTABLISHING A COURT WELL BEFORE 1997 WHICH WOULD COMMAND RESPECT IN HONG KONG'S BUSINESS COMMUNITY. HE THOUGHT THAT, WHILE ONE BRITISH JUDGE WOULD BE ACCEPTED GRATEFULLY, TWO WOULD BE EVEN BETTER FROM HONG KONG'S POINT OF VIEW. HE UNDERSTOOD THAT THERE WAS A PROSPECT OF A NUMBER OF SENIOR HONG KONG JUDGES RETIRING OVER THE NEXT COUPLE OF YEARS.

5. SIR JOHN COLES ADDED THAT WHILE IT WOULD BE IMPORTANT THAT A BRITISH JUDGE WAS COMPETENT AND DEPENDABLE, IT WAS NOT PERHAPS

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CONFIDENTIAL