to continue in office until
retiring
age or
Expiration of a
fixed
term
without the
sucurity
17f It seems clearly desirable to amend Colonial Regulations
to make it quite plain that the various disciplinary provisions
at for administrative officers but not appropriate to judicial
officers have no application to judges and magistrates.
Section 8(2) of the Pensions Ordinance seems inappropriate for
magistrates as well as for judges, who are excepted from it.
18. It is perhaps also worth considering whether magistrates,
as well as District Judges, could be given a statutory security
of tenure. It is appreciated that many serve on contract for
relatively short periods, but any steps that could reasonably be
taken, either by appointment till a fixed retiring age or for
fixed terms (subject to removal only for inability or misconduct
after due enquiry), to give magistrates security of tenure and to
remove any impression that they are subject to dismissal upon
notice without cause assigned or employed on short terms subject
to removal at discretion, would be welcome. Even if the
magistrate does not wish to commit himself for more than a short
term, he could still be given the right,for a fresh or renewed
contract.
16.
Another step that might enhance the independence of the
judiciary would be the establishment of a Judicial Service
Commission to advise on the appointment of Magistrates and
District Judges, consisting possibly of the Chief Justice,
another Supreme Court Judge, the chairman of the Public Services
Commission and a retired judge.
3. The provision for additional shorthand writers is to be
welcomed and it is to be hoped that if a sufficient number cannot
be recruited, early progress can be made with the mechanical
recording of evidence in the District Court.
(17865) Dd.145178 400m 5/73 G.W.B.Ltd. Gp.863
/15.