TNAG-2694-FCO40-3900-Hong-Kong-Judiciary-and-judicial-appointments-1993 — Page 51

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

27.

Selecting an Administrator

In selecting the right man or woman for appointment 25

Judiciary Administrator I advise no preference as between lawyers and

others. The aim should be to find the best person for the job

regardless of provenance.

28.

The content of the job is administrative and not legal for to

give the administrator any function as lawyer would be to reduce his

capacity as administrator.

This inevitably gives the trained

administrator an advantage over the trained lawyer. On the other hand

the whole of the upper echelons of the Judiciary are composed of

judicial officers - a special type of lawyer. It is likely that in

the beginning at least they will feel more comfortable with a lawyer

and therefore more amenable to his administration. And he or she will

more readily understand again in the beginning the problems of

judicial systems and the ways in which judges work.

"get more out of the judges" and cause them less anxiety.

29.

-

-

administration

A lawyer might

The difficulty is the main requirement of the job which is a

talent for quite large-scale

the public sector.

Nobody is born with that

and hardly any working lawyers get

opportunities to acquire it. The job is too important to permit

chances to be taken and it is, therefore, my advice that experience of

administration comes before legal experience. A good administrator

ought to be able to overcome the disadvantage of not being a lawyer but

the converse does not necessarily apply. Nevertheless it would not be

sensible to assume that there are no suitable lawyer candidates.

I

therefore recommend that the Civil Service Branch be invited to submit

a list of candidates from a wide field.

30.

A Proposed Allocation of Functions

The responsibilities of the job will be widely spread and

will include the following :

- 30 -

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