BY BAG
SAVING TELEGRAM
From the Governor, Hong Kong
TOP
To the Secretary of State for Foreign and Commonwealth RECANED
Affairs
Date 15th November 1974
TELNO 265 SAVING
My Reference CR L/M 348/73
LAST
REF
REGISTRY N 52
Z NOV 1974
(83)
Tenure of office of
juage or district juage.
x HK Felmo 787
of 1975 referr
NEXT
(49
Administration of Justice: District_
Judges - Security of Tenure and Retiring Age
AKKLY 6
With a letter to Rushford of 26th July 1974, the Attorney General sent to you for comment a draft of a Judicial Service Commission Bill.
2.
Subsequently, in our Telegram No. 904 of 6th September, we told you of the terms of the announcement to be made here of the "package" which has been agreed in the context of the "Justice" representations to you.
3.
We have now given more detailed consideration to the way in which formal security of tenure should be conferred on the District Juages and to the changes in the Pensions Ordinance which are necessary in that context and in connection with the raising of their retiring age to 60.
4.
Security of Tenure. It is recommended that this should be conferred by amending Article XVIA of the Letters Patent. This protection of office could, of course, also be conferred by amending the District Court Ordinance, but for presentational reasons alone it is considered preferable to confer the protection under the Letters Patent.
5.
You will see that we also recommend the same procedure for removal from office as applies in the case of Supreme Court Judges. There are obviously alternatives short of reference to the Judicial Committee, but on balance it is considered preferable to adopt this procedure. We suggest a revised Article XVIA as follows:
XVIA. (1) Subject to the provisions of this Article a judge of the Supreme Court shalį hold office until he attains the age of sixty-two years and a judge of the District Court shall hold office until he attains the age of sixty years:
Provided that notwithstanding that he has attained the age of sixty-two years or sixty years, as the case may be, a person holding such an office may continue in office for so long after
/attaining