KI
A
KAAU
Mr Hum HKD
20
CONFIDENTIAL
2
Mr McLaren
MCLEA
RS Mr Renton
Münster Laper.
TIM RENTON
FROM
CO Hum
PS/MRA
Hong Kong Department
DATE: 21 May 1987
CC
: Mr Fifoot,
ния 323/13
Legal Advisers
HONG KONG : FUTURE OF THE JUDICIARY
27 MAY 2007
。
J
Problem
1.
Hong Kong have over the past year formulated proposals aimed both at increasing the proportion of local members of the judiciary and at further reinforcing the independence of the judiciary from the executive. Should we agree that Hong Kong may proceed with
proposals on these lines?
Recommendation
2.
I recommend that we agree that Hong Kong should proceed as they propose. The next stage would be for us to present Hong Kong's plans to the Chinese side in good time for JLG VII.
Background
3.
Section III of Annex I to the Joint Declaration provides
inter alia that after the establishment of the Hong Kong SAR Hong Kong's previous judicial system shall continue; that the courts of the SAR shall be free from interference; that judges of the SAR shall be appointed by the Chief Executive of the SAR acting in accordance with recommendations made by an independent commission of judges, lawyers, and other "eminent persons"; and that judges "may be recruited from other common law jurisdictions" (ie from outside Hong Kong).
4.
At present the Hong Kong judiciary is overwhelmingly expatriate; and Hong Kong wish to ensure a better balance of local and expatriate judges before the transfer in 1997. Hong Kong also wish to take reasonable measures to ensure that, within the provisions of the Joint Declaration, the independence of the
CONFIDENTIAL