GRS 1700
CONFIDENTIAL
FM HONG KONG
TO IMMED HATE FCO
TELNO 1895
OF 180355Z MAY 87
CONFIDENTIAL
INFO IMMEDIATE PEKING
MIPT: THE JUDIC-WARY
HKA 373/3
THE FOLLOWING US THE PROPOSED TEXT OF THE NOTE ON THE
17
TOP COPY
Q DIST?
See 21 映
See 18
JUDICIARY.
BEGINS
THE JUDICIARY
INTRODUCTION
AT JLG NV, WHEN DISCUSSING CIVIL SERVICE MATTERS, THE BRITISH SIDE INFORMED THE CHINESE SANDE 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 PROPOSES TO INTRODUCE A NUMBER OF CHANGES.
BACKGROUND
2.
MEMBERS OF THE JUDICIARY FALL INTO THREE MAIN 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
JUD ECMARY IS AT ANNEX A. SUPPORTING STAFF WORKING IN THE
JUDICIARY (E.G. 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 54 IN THE MAGISTRACY : 12
OUT OF 22 OTHER MEMBERS OF THE JUDICIARY ARE LOCAL.
4.
SECTION MI OF ANNEX OF THE JOINT DECLARATION INDICATES
THAT EXPATRIATE JUDGES MAY CONTINUE TO BE EMPLOYED AFTER 1997 IN
THE SERVICE OF THE HONG KONG SAR GOVERNMENT. IT 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
See 13
is.
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