12.
IT IS CONSIDERED THAT THE ABOVE ARRANGEMENTS WILL HAVE A
TWO-FOLD VALUE. FIRST, IT WILL ENABLE THE SALARIES AND CONDITIONS OF SERVICE OF ALL MEMBERS OF THE JUDICIARY TO BE EXAMINED BY THE
SAME ADVISORY BODY. SECONDLY, IT WILL ENABLE MEMBERS OF THE JUDICIARY TO BE PROVIDED WITH PAY AND CONDITIONS OF SERVICE
APPROPRIATE TO ATTRACT LOCAL AND EXPATRIATE LAWYERS OF THE RIGHT CALIBRE, EXPERIENCE AND QUALIFICATIONS.
13. IN ADDITION THE HONG KONG GOVERNMENT PROPOSES THAT THE PAY
AND ALLOWANCES OF MEMBERS OF THE JUDICIARY SHOULD BE PROVIDE D
FOR BY LAW. THIS REPRESENTS ANOTHER STEP IN THE DIRECTION OF
REDUCING THE DIRECT CONNECTION WITH CIVIL SERVICE PROCEDURES AND
SHOULD INCREASE THE ATTRACTIVENESS FOR LOCAL LAWYERS OF THE
JUD:NCHARY'S TERMS OF EMPLOYMENT.
(B) CAREER SECURITY
14. THE HONG KONG GOVERNMENT PLANS TO TAKE THE FOLLOWING
MEASURES TO GIVE GREATER CAREER SECURITY TO MEMBERS OF THE
JUD CHARY.
RETIREMENT AGES
15. THE EXISTING RETIREMENT AGES FOR MEMBERS OF THE JUDICIARY
ARE 65 FOR SUPREME COURT JUDGES, 60 FOR DISTRICT COURT JUDGES AND 55 FOR MAGISTRATES AND OTHERS. THERE ARE ARRANGEMENTS PERMITTING EXTENSIONS OF SERVICE BEYOND NORMAL RETIREMENT AGE, BUT BECAUSE THEY DO NOT GIVE MEMBERS OF THE JUDICIARY CERTAINTY THAT THEY WILL BE ABLE TO CONTINUE TO SERVE BEYOND THE STIPULATED RETIRING AGE, THEY DO NOT PROVIDE AN ANSWER TO THE PROBLEMS
REFERRED TO IN 5(B) AND (C) ABOVE.
16.
HOWEVER,
THE HONG KONG GOVERNMENTS OF THE VIEW THAT A RETIREMENT
AGE OF 65 TOGETHER WITH ARRANGEMENTS FOR EXTENSIONS OF SERVICE
BEYOND THAT AGE PROVIDE ADEQUATE CAREER SECURITY AND A
SATISFACTORY LENGTH OF CAREER FOR SUPREME COURT JUDGES.
THE RETIREMENT AGES FOR DISTRICT COURT JUDGES AND FOR
MAGISTRATES AND OTHERS ARE CONSIDERED TOO LOW. THE HONG KONG
GOVERNMENT THEREFORE PLANS TO SET THE RETIREMENT AGE FOR ALL
MEMBERS OF THE JUDICIARY AT 65.
FINAL PART OF TWO
17.
THE NEW RETIREMENT AGES WILL BE APPLIED IN SUCH A WAY AS TO ENSURE, AS FAR AS POSSIBLE, AN EVEN OUTFLOW OF EXPATRIATE
MEMBERS OF THE JUDICIARY SO THAT THERE WILL BE ROOM FOR LOCAL
CANDIDATES AT THE TIME WHEN THESE ARE LIKELY TO BE AVAILABLE. BECAUSE OF THE PRESENT AGE PATTERN, THE OUTFLOW WILL BE ADEQUATE
IN THE CASE OF SUPREME COURT JUDGES. IT WILL ALSO BE ADEQUATE IN
THE CASE OF MATISTRATES AND OTHERS, SINCE DESPITE THE IR LOWER RETIREMENT AGE, IT HAS BEEN THE PRACTICE FOR THEM TO SERVE UNTH 65. HOWEVER, THERE IS A POSSIBLE PROBLEM WITH DISTRICT COURT JUDGES IN THAT THE RAISING OF THEIR RETIREMENT AGE TO 65
COULD LEAD TO A LACK OF VACANCIES FOR LOCAL CANDIDATES IN THE
NEXT FEW YEARS. FOR THIS REASON, THE HONG KONG GOVERNMENT PROPOSES TO APPLY THE NEW RETIREMENT AGE FOR DISTRICT COURT
-4-
CONFIDENTIAL
/JUDGES