NR7AHC
CONFIDENTIAL
FUTURE OF THE JUDICIARY (PAPER SUPPLIED BY THE GOVERNOR OF HONG
KONG)
PRESENT SITUATION
1.
There are only 5
are local.
The
The Judiciary is almost entirely expatriate.
local judges out of 32 in the Supreme Court, 6 out of 32 in the
District Court, and only 9 of the 53 magistrates proposals outlined in the following paragraphs may help to improve
the balance between local and expatriate somewhat. But neither I
nor the Chief Justice believe it is
realistic to aim at anything
more than a 50-50 balance between the two by 1997. Given the small
numbers of local judges now, and the restricted size of
the snior
local bar even that ratio is unlikely
are to be maintained. We
should inform the Chinese
situation.
to be achieved i f standards
should therefore consider whether we
ab ou t the present and likely future
RETIREMENT AGES
2.
Present
retirement ages are 55 for magistrates (although extensions can be given to 65), 60 for District Court judges (with extensions possible to 65), and 65 for Supreme Court judges (the Letters Patent also make provision for the appointment of a suitable person, of any age, as Supreme Court judge for up to 5 years).
3.
ages
I propose in principle that retirement that retirement
for new appointees to the judiciary should be set at 60 for magistrates, 65 for District Court judges, and 68 for Supreme Court
judges. This would allow us to do away in future with the present discretionary arrangments for extensions which are invidious and
unsatisfactory.
4.
all
there will be complaints from
The controversy will
existing judges should also be extended.
the
arise about whether
the age limits
If we do not do SO
judiciary, cries of
for
CONFIDENTIAL
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