TNAG-2694-FCO40-3900-Hong-Kong-Judiciary-and-judicial-appointments-1993 — Page 54

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

35.

I dwell on this point because it has been put to me that the

need for the presiders to come together as a group is not obvious

that the President of the Court of Appeal and the Coroner would have

too little in common. I disagree. They both directly consume sizeable

chunks of resources. It has been suggested that it be left to the

administrator to advise about priorities. That leaves every presider

free to lobby the Chief Justice separately before or after he is

advised by the administrator.

of course a presider who feels

particularly strongly should be free to make a special case but if the

Chief Justice is to get any real help he must have collective advice.

In other places the entire responsibility for the administration of the

Judiciary does not fall only on the chief judge. The Lord Chancellor

takes the major part of the burden in England, Wales and Northern

Ireland.

Elsewhere there are departments of justice, special

committees and statutory bodies charged with some part of the functions

here discharged by the Chief Justice. Fortunately, the weight of the

administrative task here is not so heavy that it cannot be managed

within the Judiciary if it has the will to give the structured, regular

and systematic help that is needed.

36.

I recommend the establishment of a Chief Justice's Advisory

Group to comprise the presiders named in the chart in paragraph 8 above

and the Judiciary Administrator. The Chief Justice will wish to

consider the terms of reference. They might be broad ones to begin

The

with on these lines: "To advise the Chief Justice on the administration

of the Judiciary". It might be desirable to import the concepts of

effectiveness, efficiency and numbers of judicial officers but these

are matters peculiarly within the remit of the administrator.

group will need a small secretariat. The frequency of meetings will be

determined by the weight of business but I suggest never less than four

times a year. The agenda would be initiated by the administrator in

discussion with the Chief Justice but members would be invited to raise

matters and write papers.

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