GRS 450
CONFIDENTIAL
FM HONG KONG
TO IMMEDIATE FCO
TELNO 1629
OF 28101OZ APRIL 87
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YOUR TELNO. 1172 : JUDICIARY.
THANK YOU FOR RESPONDING SO QUICKLY TO OUR PROPOSALS FOR THE JUDICIARY. AS REGARDS YOUR COMMENTS THE POSITION IS AS FOLLOWS:-
(A) JUDICIAL OFFICERS ALSO INCLUDE MAGISTRATES, ASSISTANT REGISTRARS, ETC. IT WAS ALWAYS THE INTENTION THAT THE NEW PENSION ARRANGEMENTS WOULD APPLY TO ALL JUDICIAL OFFICERS AND THE ONLY
CHANGE IS THAT IT IS NOW PROPOSED THAT MAGISTRATES AND OTHERS SHOULD HAVE THE SAME RETIRING AGE AS OTHER JUDICIAL OFFICERS. AS REGARDS YOUR DOUBTS ABOUT THE DESIRABILITY OF MAKING PROVISIONS FOR EXTENSION OF SERVICE BEYOND 65 IT IS INTENDED THAT THIS WOULD
NORMALLY ONLY APPLY TO SUPREME COURT JUDGES. IT IS ALSO OUR
INTENTIONS THAT SUCH EXTENSIONS SHOULD BE ON THE RECOMMENDATION OF
THE JSC.
(B) WE HAD ORIGINALLY PROPOSED THREE EMINENT LAY PERSONS BUT THE CJ WAS CONCERNED ABOUT THE CALIBRE OF SUCH PERSONS WHO MIGHT BE APPOINTED IN THE FUTURE. WE THEREFORE ACCEPTED HIS REQUEST THAT THE NUMBER BE REDUCED TO 2. INCIDENTALLY THE CJ IS OPPOSED TO THE
INCLUSION OF THE AG IN THE JSC.
(C) WE TAKE YOUR POINT ABOUT THE VALUE OF A QUALIFIED MAJORITY AND ARE PROPOSING THAT AT LEAST 5 OF THE 8 MEMBERS' MUST SUPPORT
ANY RECOMMENDATION.
(D) YOUR ASSUMPTION IS CORRECT.
(E) WE REMAIN OF THE VIEW THAT THE JUDICIAL ADMINISTRATOR SHOULD BE AN ADMINISTRATIVE OFFICER AT LEAST FOR THE NEXT TWO OR THREE
YEARS. IT IS THE ADMINISTRATION OF THE JUDICIARY WHICH NEEDS
STRENGTHENING AND WE DO NOT THINK THIS COULD BE ADEQUATELY ACHIEVED
BY THE CJ'S PROPOSAL TO UPGRADE THE REGISTRAR OF THE SUPREME COURT.
WE FEEL THE JUDICIARY NEEDS SOMEONE WHO IS ADMINISTRATION MINDED
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