TNAG-2694-FCO40-3900-Hong-Kong-Judiciary-and-judicial-appointments-1993 — Page 43

'resident Court of Appeal

6.

Tribunal.

The same principle would apply to the Magistracy and each The span of responsibility is so wide in the District Court

that an assistant presiding judge in addition would also be

well-employed. The Chief Magistrate being supported by a number of Principal Magistrates may not need a full-time deputy but he should be in a position to rely on one of the Principal Magistrates to act as his deputy and to help him.

7.

Whatever may be decided about the status and rewards of these

presiders it is to

be hoped that the Judiciary will accept the principle and that the Chief Justice will not be discouraged by a lack of willingness to serve. It is not advisable to use seniority as the criterion for appointment. The quality of leadership, a capacity for administration and a willingness for administrative consultation come together in some better than others and not necessarily in the best cr more senior judges.

8.

The proposed hierarchy is depicted by this chart :-

Chief Justice

President High Court

President Lands

President Chief

Senior Chief

District Magistrate Master

Tribunal Court

Presiding Officer

Chief Adjudicator

Coroner

SCT

Labour

Tribunal

A single President of the Court of Appeal will enable the Chief Justice to be a member of that court and while presiding when he sits there be

at one remove from its administration. The constitution of the Final

Court of Appeal is being examined elsewhere. It will be even more desirable to appoint a separate President of the Court of Appeal if the Chief Justice of Hong Kong is to preside over the Final Court of Appeal.

9.

At present the Chief Justice is himself the President of the

Lands Tribunal. I recommend that in pursuance of the principle of delegation a High Court Judge be appointed to take on that role.

There

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