CONFIDENTIAL STAFF IN CONFIDENCE
SI
067772 MOHIAN 9329
CONEIDENTIAL
STAFF IN CONFIDENCE
FM HONG KONG
TO IMMEDIATE FCO
TELNO 1181
OF 191129Z JULY 93
THIS IS A COPY
THE ORIGINAL HAS BEEN
CLOSED UNDER
FOI EXEMPTION NO.
240 (2)
117
·
CHIEF JUSTICE
1.
ARTICLE XVIA OF LETTERS PATENT PROVIDES THAT THE CHIEF JUSTICE SHALL VACATE HIS OFFICE WHEN HE ATTAINS THE RETIREMENT AGE OF 65. HOWEVER, HIS SERVICE CAN BE EXTENDED FOR A SPECIFIED PERIOD OR PERIODS NOT EXCEEDING FIVE YEARS IN TOTAL. SIR T L YANG WILL BE 65 ON 30 JUNE 1994 AND I HAVE TO LET HIM KNOW SHORTLY MY INTENTION ABOUT HIS FUTURE SERVICE. IT IS MY PLAN TO EXTEND HIS SERVICE FOR TWO YEARS TO 30 JUNE 1996. THIS EXTENSION WOULD PROVIDE CONTINUITY IN THE CURRENT JUDICIARY LEADERSHIP, AND WOULD ALLOW us SOME BREATHING SPACE TO IDENTIFY SIR T L'S SUCCESSOR IN DUE COURSE. ANY APPOINTMENT CROSSING 1997 WILL NEED TO HAVE REGARD TO THE PROVISIONS OF THE BASIC LAW GOVERNING THE CHIEF JUDGE OF THE FUTURE HKSAR AND WILL NEED DISCUSSION WITH THE CHINESE.
2.
I BELIEVE SIR T L
IS KEEN TO CONTINUE BEYOND 1997 BUT I THINK IT WOULD BE MORE PRUDENT AT THIS STAGE TO CONSIDER A FIRST EXTENSION OF TWO YEARS SO THAT WE CAN ASSESS THE SITUATION CLOSER TO THE TIME.
3. IN THE UNLIKELY EVENT THAT SIR T L SHOULD DECLINE TO ACCEPT THE EXTENSION, I WOULD HAVE TO CONSIDER POSSIBLE REPLACEMENT. THE FIELD IS RATHER LIMITED. THE ONLY POSSIBLE CANDIDATE FROM AMONGST THE SERVING SUPREME COURT JUDGES IS HENRY LITTON WHO ONLY JOINED THE BENCH LESS THAN A YEAR AGO AND WHO TRAILS A CERTAIN PRO-CHINA REPUTATION IN POLITICAL ISSUES. THE PROSPECT OF BRINGING IN A SENIOR MEMBER OF THE BAR AS A CJ IS NOT ENTIRELY IMPOSSIBLE BUT IT WOULD NOT BE EASY.
4. MY NEXT REGULAR MEETING WITH SIR T L IS ON 22 JULY WHEN I INTEND TO BROACH WITH HIM THE IDEA OF A TWO-YEAR EXTENSION. WOULD BE GRATEFUL FOR YOUR VIEWS ON THIS PROPOSITION DESKBY 22020OZ.
OTHER ISSUES CONCERNING THE JUDICIARY
I
No comments yet.
Private notes are available after approval.