GRS 350

CONFIDENTIAL

FM HONG KONG

TO IMMED HATE FCO

TELNO 1779

OF 110205Z MAY 87

INFO PRIORITY PEKING

Confidential

¿ 2010 O ADOS DOL

HKA 373/3

11 MAY 1007

3

دن

YOUR TELNO. 1172 AND MY TELNO. 1629 :

THE JUDICIARY.

WE HAVE BEEN GIVING SOME THOUGHT TO THE MANNER AND CONTENTS OF THE APPROACH TO THE CHINESE ON OUR PROPOSALS FOR THE JUDICMARY. WE HAVE DONE THIS IN ADVANCE OF EXCO'S CONSIDERATION OF THE PROPOSALS SINCE WE ASSUME THAT IF THERE HAS TO BE THE SLIGHTEST HOPE OF A CHINESE RESPONSE AT JLG VH THE APPROACH WILL HAVE TO BE MADE VERY SOON. SUBJECT TO YOUR VIEWS, THEREFORE, AND TO EXCO'S AGREEMENT TO THE PROPOSALS (WHICH IS BY NO MEANS CERTAIN) WE FEEL THAT THE APPROACH SHOULD BE IN THE FORM OF A NOTE TO BE HANDED OVER BY PEKING ACCOMPANHED BY AN OFFER OF EXPERT TALKS TO DEAL WITH ANY QUESTIONS THE CHINESE MAY HAVE.

2.

AS REGARDS THE CONTENTS OF THE APPROACH WE PROPOSE TO CONTINUE TO HANG THE PROPOSALS ON A NEED TO OBTAIN A BETTER BALANCE BETWEEN LOCALS AND EXPATRIATES IN THE JUDICIARY. WE WOULD

DIVIDE THE PROPOSALS INTO THREE GROUPS :-

1

(A) THESE AIMED AT DISTANCING THE JUDICIARY FROM THE CIVIL SERVICE,

(B) THESE AIMED AT IMPROVING JUDICIAL OFFICERS SECURITY OF TENURE,

AND

(C) THE NEW PENSION ARRANGEMENTS FOR JUDICIAL OFFICERS.

3.

UNDER (A) WE PROPOSE TO POINT OUT THE VALUE OF TAKING SUCH A STEP, E.G. THE ABILITY TO DRAW UP A MORE APPROPRIATE PAY AND FRINGE BENEFITS PACKAGE FOR JUDICIAL OFFICERS AND THE FAVOURABLE

EFFECT ON PUBLIC CONFIDENCE OF ANY MEASURES WHICH ENHANCE THE

INDEPENDENCE OF THE JUDICIARY. WE WOULD REFER TO THE FACT THAT WE WOULD BE STRENGTHENING THE ADMINISTRATION OF THE JUDICIARY TO TAKE

ACCOUNT OF THESE CHANGES AND THAT WE PROPOSED TO ENLARGE THE

MEMBERSHIP OF THE JSC, ALTHOUGH WITH ITS COMPOSITION REMAINING

Confidential

STRICTLY

.....

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