5.
UNDER THE PRESENT TERMS OF EMPLOYMENT LOCAL CANDIDATES DO NOT COME FORWARD READILY FOR APPOINTMENT TO THE JUD+CHARY.
WHILST
THIS IS PRIMARILY DUE TO THE GREATER FINANCIAL REWARDS AVAILABLE FROM PRACTICE IN THE PRIVATE SECTOR, THERE ARE OTHER FACTORS DETERRING LOCAL LAWYERS FROM PURSUING A CAREER IN THE JUDAICU-ARY, PARTICULARLY OLDER CANDIDATES. AMONG THE MAIN REASONS WHICH HAVE BEEN ADVANCED FOR NOT JOINING THE JUDICIARY BY ASSOCIATIONS REPRESENTING LOCAL LAWYERS ARE :-
(A) CONNECTIONS WITH THE CIVIL SERVICE
EN CERTAIN RESPECTS THE TERMS OF EMPLOYMENT OF MEMBERS OF THE JUDIC MARY ARE LINKED TO THOSE OF THE CIVIL SERVICE. THIS CREATES DIFFICULTIES IN PROVIDING MEMBERS OF THE JUDAICHNARY WITH TERMS OF EMPLOYMENT LIKELY TO ATTRACT LOCAL CANDIDATES SINCE ANY CHANGES IN, FOR EXAMPLE, PAY AND CONDITIONS OF SERVICE ARE REFLECTED WITHIN THE CIVIL SERVICE.
(B) CAREER SECURITY
LOCAL LAWYERS NORMALLY CONSIDER AN APPOINTMENT TO THE JUDIC MARY ONLY AFTER MANY YEARS #IN PRIVATE PRACTICE. BY THIS TIME, THEY ARE AT AN AGE WHERE THEY REGARD THE EXISTING RETIREMENT AGES FOR CERTAIN MEMBERS OF THE JUDICIARY AS TOO LOW TO PROVIDE THEM WITH A SATISFACTORY LENGTH OF CAREER (ON RETIREMENT JUDGES ARE NOT ALLOWED TO RETURN TO PRIVATE PRACTICE IN
HONG KONG).
(C) PENSION ARRANGEMENTS
6.
BECAUSE MEMBERS OF THE JUDICIARY ARE APPOINTED LATER N LIFE THAN THE AVERAGE CHVIL SERVANT THEY ARE UNABLE, UNDER ΤΟ THE EXISTING HONG KONG GOVERNMENT PENSION ARRANGEMENTS, EARN A SATISFACTORY LEVEL OF PENSION BEFORE REACHING
RETIREMENT AGE.
THE ABOVE ARE REGARDED AS OBSTACLES TO LOCAL RECRUITMENT. IT IS IN ORDER TO OVERCOME THESE OBSTACLES THAT THE HONG KONG GOVERNMENT PLANS TO MAKE CHANGES IN THE TERMS OF EMPLOYMENT OF MEMBERS OF THE JUDICIARY.
(A) CONNECTIONS WITH THE CAVIL SERVICE
TO DEAL WITH THIS PROBLEM THE HONG KONG GOVERNMENT #INTENDS TO TAKE THE FOLLOWING STEPS TO SEPARATE THE TERMS OF EMPLOYMENT OF MEMBERS OF THE JUDICIARY FROM THOSE OF THE CHAVAL SERVICE.
APPOINTMENTS AND PROMOTIONS
THE APPOINTMENTS AND PROMOTIONS OF MEMBERS OF THE JUDICIARY ARE ALREADY DEALT WITH SEPARATELY FROM THOSE OF THE CIVIL SERVICE IN THAT THEY ARE MADE BY THE GOVERNOR AFTER RECEIVING THE ADVICE OF THE JUDICIAL SERVICE COMMISSION: HOWEVER, THE JUDICIAL SERVICE COMMISSION'S RECOMMENDATIONS ARE PROCESSED BY THE CIVIL SERVICE BRANCH OF THE GOVERNMENT SECRETAR-HAT WHICH ALSO DEALS WITH THE APPOINTMENT AND PROMOTION OF CIVIL SERVANTS. IN FUTURE THE JUDICIAL SERVICE COMMISSION'S RECOMMENDATIONS WILL BE PROCESSED BY THE JUDICIARY TSELF, THAT IS TO SAY THE JUDICIARY
CONFIDENTIAL
/ WILL