GRS 2000
CONFIDENTIAL
FM HONG KONG
TO IMMEDIATE FCO
TELNO 1984
OF 22034OZ MAY 87
KNFO IMMEDIATE PEKING
CONFIDENTIAL
PARTS
ONE
AND TWO
OF TWO.
UKA 373/3
PART ONE OF TWO PARTS
MIPT: THE JUDICIARY
THE FOLLOWING IS THE REVISED TEXT OF THE NOTE ON THE
JUDICIARY
22
Seer
See
N
BEGINS
INTRODUCTION
AT JLG IV, WHEN DISCUSSING CIVIL SERVICE MATTERS, THE BRITISH SIDE INFORMED THE CHINESE SIDE THAT THE HONG KONG
GOVERNMENT WAS EXAMINING THE TERMS OF EMPLOYMENT OF MEMBERS
OF THE JUDICIARY WITH A VIEW TO ATTRACTING MORE LOCAL CANDIDATES. THE HONG KONG GOVERNMENT HAS NOW COMPLETED THIS EXAMINATION AND
AS A RESULT PLANS TO INTRODUCE A NUMBER OF CHANGES.
BACKGROUND
2.
MEMBERS OF THE JUDICIARY FALL INTO THREE MAN CATEGORIES :-
(A) JUDGES OF THE SUPREME COURT INCLUDING THE CHIEF JUSTICE
AND APPEAL COURT JUDGES AND HIGH COURT JUDGES SEMICOLON
(B) DISTRICT COURT JUDGES SEMICOLON AND
(C) MAGISTRATES.
IN ADDITION THERE ARE MEMBERS OF THE JUDICIARY IN SPECIAL FIELDS,
FOR EXAMPLE, REGISTRARS, DEPUTY REGISTRARS, AND ASSISTANT REGISTRARS OF THE SUPREME COURT, CORONERS, PRESIDENTS OF LABOUR AND LAND TRIBUNALS, ETC. A TABLE SHOWING THE COMPOSITION OF
THE JUDIC HARY IS AT ANNEX A. SUPPORTING STAFF WORKING IN THE JUDICIARY (CLERKS, SECRETARIES, INTERPRETERS, ETC.) ARE CIVIL
SERVANTS AND NOT MEMBERS OF THE JUDICIARY.
3. AT PRESENT THE JUDICIARY IS OVERWHELMINGLY EXPATRIATE. THERE ARE ONLY 5 LOCAL JUDGES OUT OF 33 IN THE SUPREME COURT, 6 OUT
OF 32 IN THE DISTRICT COURT AND 12 OUT OF 53 IN THE MAGISTRACY :
12 OUT OF 23 OTHER MEMBERS OF THE JUDICHARY ARE LOCAL.
4.
SECTION PH OF ANNEX 1 OF THE JOINT DECLARATION INDICATES
THAT EXPATRIATE JUDGES MAY CONTINUE TO BE EMPLOYED AFTER 1997
IN THE SERVICE OF THE HONG KONG SAR. AT IS EXPECTED THAT
EXPATRIATE MEMBERS OF THE JUDICIARY WILL CONTINUE TO BE REQUIRED FOR MANY YEARS TO COME. IT IS DESIRABLE, NEVERTHELESS TO ACHIEVE A BETTER BALANCE BETWEEN LOCALS AND EXPATRIATES IN THE HONG KONG
JUDICIARY THAN THAT WHICH NOW EXISTS.
CONFIDENTIAL
15.