JUDGES ONLY TO NEW APPOINTEES, THUS ENSURING THAT VACANCIES WILL
EXIST AT THE TIME WHEN LOCAL CANDIDATES MAY BECOME AVAILABLE.
18. WITH THE INTRODUCTION OF THE NEW RETIREMENT AGES,
THE EXISTING UNSATISFACTORY ARRANGEMENTS FOR EXTENSIONS OF
SERVICE FOR DISTRICT COURT JUDGES AND MAGISTRATES AND OTHERS WILL
BE DISCONTINUED. IN FUTURE, EXTENSIONS BEYOND 65 WILL BE GRANTED TO MEMBERS OF THE JUDICIARY, OTHER THAN SUPREME COURT JUDGES, ONLY
IN THE MOST EXCEPTIONAL CIRCUMSTANCES.
REMOVAL FROM OFFICE
19. AT PRESENT JUDGES MAY ONLY BE REMOVED FROM OFFICE ON THE RECOMMENDATION OF A TRIBUNAL OF OTHER JUDGES AND AFTER COMPLIANCE
WITH LEGAL PROCEDURES. IN ACCORDANCE WITH SECTION 4 OF ANNEX I OF THE JOINT DECLARATION, AFTER 1997 JUDGES WILL BE AFFORDED SIMILAR PROTECTION IN THAT THEY CAN ONLY BE REMOVED FROM OFFICE BY THE CHIEF EXECUTIVE OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION ACTING AN ACCORDANCE WITH THE RECOMMENDATION OF A TRIBUNAL APPOINTED BY THE CHIEF JUDGE. THE HONG KONG GOVERNMENT CONSIDERS THAT THIS PROTECTION SHOULD BE EXTENDED TO MAGISTRATES AND OTHER MEMBERS OF THE JUDICHIARY SINCE THEY TOO PERFORM JUDICIAL FUNCTIONS. TO THMS END IT THEREFORE PLANS TO PROVIDE THAT MEMBERS OF THE
JUDICIARY OTHER THAN JUDGES SHOULD ONLY BE REMOVED FROM OFFICE ON THE RECOMMENDATION OF A TRIBUNAL APPOINTED BY THE CHIEF JUSTICE FROM AMONG OTHER MEMBERS OF THE JUDICIARY.
(C) PENSION ARRANGEMENTS
20. MOST MEMBERS OF THE JUDICIARY ARE OVER 40 AT THE TIME OF THEIR APPOINTMENT. AS A RESULT THEY ARE UNABLE, UNDER THE EXISTING PENSION ARRANGEMENTS, TO EARN A FULL PENSION, OR EVEN
ONCE CLOSE IN SIZE TO A FULL PENSION, BEFORE REACHING RETIREMENT AGE. THE HONG KONG GOVERNMENT THEREFORE PROPOSES IN THIS CONTEXT
TO INTRODUCE A HIGHER PENSION EARNING FACTOR FOR MEMBERS OF THE
JUDICIARY. THE PROPOSED FACTOR WILL BE 1/340TH WHICH S
APPROXIMATELY DOUBLE THAT OF THE FACTOR OF 1/675TH PROVIDED FOR
UNDER THE NEW PENSION SCHEME. HOWEVER, SINCE THE HIGHER PENSION
FACTOR IS TO TAKE ACCOUNT OF THE FACT THAT MEMBERS OF THE
JUDICIARY ARE APPOINTED LATER IN LIFE THAN CIVIL SERVANTS GENERALLY, IT WILL ONLY APPLY IN RESPECT OF SERVICE OVER THE AGE
OF 50. SERVICE UNDER THE AGE OF 50 WILL EARN PENSION AT THE
STANDARD RATE AT 1/675TH. ALSO, THE NEW PENSION ARRANGEMENTS WILL ONLY APPLY TO SERVICE UNDERTAKEN AFTER THE DATE OF INTRODUCTION
OF THE NEW PENSION SCHEME. THE MAXIMUM PENSION WILL REMAIN AT 2/3
RDS OF THE RETIRING SALARY.
21. THE NEW PENSION ARRANGEMENTS WILL MEAN THAT A MEMBER OF THE
JUDICIARY APPOINTED AT 50, WHO RETIRES AT 65, WILL EARN THE EQUIVALENT OF ABOUT 30 YEARS PENSION AT THE STANDARD RATE (ABOUT 53 PERCENT OF HIS RETIREMENT SALARY). SIMILARLY A MEMBER OF THE JUDICIARY APPOINTED AT 40 WILL EARN THE MAXIMUM PENSION OF 2/3RDS OF HIS RETIRING SALARY IF HE RETIRES AT 65.
CONFIDENTIAL
//22.