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DSR 11C
given the accrued leave, he would continue to earn pension
for service after the retirement date. Hong Kong's
proposal is out of line with the provisions made for
other dependent territories past and present. This is not
to say that a judge does not sometimes stay on irrespective
of earned leave to finish a case, but that is catered for
separately.
5. But if Hong Kong wished to make provision for the lump
sum on retirement or for earning extra pension during
retirement, the FCO would not object.
Provision could be
made in local law or estàlishment regulations, and need not
feature in Letters Patent.
6. Hong Kong's further comments should be considered
in the FCO in consultation with the legal advisers
particularly that on extension of District Judges' terms
of office.
7. The Attorney-General or the Chief Justice may have
embarrassed themselves by airing their proposals among
unofficials before consulting us. It is important that
constitutional proposals by the Governor and his officials
(including his Attorney-General) should be cleared with us
before they are spread around. The Governor or the
Attorney-General may of course consult the Chief Justice
but should not commit himself in advance of our clearance
either to the Chief Justice or to representatives of the
professions.'
89280 Dd 532113 200M 2/79 S1S