5.
2
APPOINTMENT OF JUDGES ON AGREEMENT.
Subject
Appointment of District Judges and Puisne Judges on agreement for term fixed without regard to normal retiring age.
Existing Position
Such appointment now limited to term expiring with normal retiring age.
Proposal
No change. Chief Justice strongl opposed to possibility of varying retiring ages for persons serving on the same Bench.
6.
SECURITY OF TENURE.
7.
DISCIPLINE OF JUDICIAL
OFFICERS.
(1) Security of
tenure for District
Judges.
(2) Security of
tenure for magistrates.
No statutory provision in this respect. In practice, position is as if there were.
No specific provision. Again, position in practice is as if there
were.
District Judges should have statutory security of tenure whether on permanent appointment or on agreement.
-
No change proposed reliance will continue to be placed on position in practice. Large number of short-term contract officers makes any statutory provision unrealistic. But statutory agreed subject 7 protection could nonetheless be given
if considered essential.
Colonial Regula- tions.
Judicial Commission hears discipli- nary proceedings in the case of all judicial officers.
Colonial Regulations to be changed to accord with proposals for statutory security of tenure for District Judges and to exclude formally all judicial officers from the disciplinary provisions applicable to other public servants.
8.
APPOINTMENTS TO BENCH FROM OUTSIDE
SERVICE.
Appointment to Supreme Court Bench of persons from United Kingdom.
amping
have to got from somendare. Gor will go into further
Not welcomed by Chief Justice, but not ruled out. Chief Justice believes that non-service appointments must be from among Hong Kong lawyers in private practice.