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4. AT PRESENT, THE NORMAL RETIRING AGE OF DISTRICT JUDGES 19 55, THE SAME AS THAT FOR MEMBERS OF THE CIVIL SERVICE. IT HAS BEEN DECIDED TO RAISE THIS TO 60, IN ORDER NOT TO LOSE THE BENEFIT OF THEIR EXPERIENCE, AT WHAT IS A COMPARATIVELY YOUNG AGE. THE DECISION TO RAISE THE RETIRING AGE WAS INFLUENCED, AMONG OTHER CONSIDERATIONS, BY THE RECENTLY ADOPTED POLICY OF MAKING APPOINTMENTS TO THE DISTRICT COURT BENCH FROM LAWYERS IN PRIVATE PRACTICE. TWO SUCH APPOINTMENTS WERE MADE IN 1973 AND, THOUGH SUCH APPOINTMENTS ARE NOT LIKELY TO BE FREQUENT, A RAISING OF THE RETIRING AGE SHOULD ENCOURAGE SUITABLE PRACTISING LAWYERS TO ACCEPT APPOINTMENT,
IS THE
5. ANOTHER PROPOSAL, WHICH HAS THE CHIEF JUSTICE'S SUPPORT ESTABLISHMENT OF A JUDICIAL SERVICE COMMISSION. THIS COMMISSION WOULD ADVISE THE GOVERNOR ON APPOINTMENTS TO VACANCIES IN JUDICIAL OFFICES, IT IS INTENDED THAT THE CHIEF JUSTICE SHOULD BE THE CHAIRMAN OF THE COMMISSION AND THAT.THE OTHER MEMBERS WILL BE THE CHAIRMAN OF THE PUBLIC SERVICES COMMISSION AND NOT MORE THAN THREE PERSONS APPOINTED BY THE GOVERNOR.
6. THE GOVERNMENT HAS ACCEPTED IN PRINCIPLE THE NEED TO MAKE LEGAL AID AVAILABLE TO ALL PERSONS CHARGED BEFORE THE DISTRICT COURT. PROVISION FOR LEGAL AID IN DISTRICT COURT CRIMINAL CASES, WHICH WAS FIRST INTRODUCED IN MARCH 1973, EXTENDS AT PRESENT TO ALL PERSONS CHARGED WITH OFFENCES CARRYING A MAXIMUM SENTENCE OF IMPRISONMENT OF 14 OR MORE YEARS, WHO AMOUNT TO ABOUT 70 PER CENT OF ACCUSED PERSONS APPEARING BEFORE THE DISTRICT COURT. IT IS HOPED THAT IT WILL BE POSSIBLE TO EXTEND LEGAL AID TO THE REMAINING ACCUSED PERSONS IN THE NEXT FINANCIAL YEAR, THOUGH NECESSARILY LEGAL AID MUST COMPETE FOR AVAILABLE FINANCIAL RESOURCES WITH OTHER SOCIAL SERVICES. UNQUOTE.
3, YOU WILL NOTICE THAT EXECUTIVE COUNCIL HAS APPROVED IN PRINCIPLE AN EXTENSION OF LEGAL AID TO. ALL DISTRICT COURT CRIMINAL CASES. WE HOPE THAT THIS CAN BE PUT INTO EFFECT IN THE NEXT FINANCIAL YEAR. YOU WILL ALSO NOTICE THAT THE ANNOUNCEMENT DOES NOT DEAL WITH CHANGES WHICH WE ARE NOT MAKING. YOU ALREADY HAVE MATERIAL IN
THAT RESPECT.
4. THE GOVERNOR HAS DECIDED TO MAKE THE ANNOUNCEMENT ON 12 SEPTEMBER WHICH IS THE OPENING OF THE NEW LEGAL YEAR.
5. THE GOVERNOR ASKS ME TO SAY THAT HE WOULD BE GRATEFUL IF HE COULD SEE A DRAFT OF YOUR REPLY TO LORD GARDINER BEFORE IT
ISSUES.
MACLEHOSE
FILES
LEGAL ADVISERS
HKLOD
MR MALE
COPIES TO:
MR BUSHFORD, LEGAL DVISER
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