GRS 1200
CONFIDENTIAL
FM HONG KONG
TO IMMEDIATE FCO
TELNO 1542
CONFIDENTIAL
感
нка
HKA 373/3.
22 APR 1937
OF 22111OZ APRIL 87
MY TELNO. 3903 AND YOUR TELNO. 2833 OF 1986: THE JUDICIARY.
FOLLOWING FURTHER DISCUSSION WITH THE CHIEF JUSTICE AND INFORMAL CONSULTATION WITH THE BAR ASSOCIATION IT HAS COME TO LIGHT THAT ONE OF THE MAIN REASONS FOR LOCAL LAWYERS NOT JOINING THE JUDICIARY
IS THAT IT IS SEEN AS PART OF THE CIVIL SERVICE: THE LOCAL BAR
CONSIDERS IT DOES NOT ENJOY A SUFFICIENTLY INDEPENDENT STATUS.
MOREOVER, BECAUSE OF ITS LINKS WITH THE CIVIL SERVICE IT HAS PROVED DIFFICULT TO DRAW UP A PACKAGE OF PAY AND FRINGE BENEFITS
LIKELY TO ATTRACT CANDIDATES TO THE JUDICIARY BECAUSE OF REPERCUS-
SIONS IN THE CIVIL SERVICE. WE HAVE THEREFORE NOW DRAWN UP A NEW
PACKAGE OF PROPOSALS FOR THE FUTURE OF THE JUDICIARY WHICH ARE NO
LONGER CONFINED TO PENSIONS AND RETIREMENT AGES AND WHICH WE
PROPOSE TO PUT TO EXCO SHORTLY. THESE ARE AIMED AT DISTANCING THE
JUDICIARY FROM THE CIVIL SERVICE AND ENHANCING ITS INDEPENDENCE.
THEY ALSO TAKE ACCOUNT OF RECOMMENDATIONS FROM THE JUDICIARY ITSELF
AND THOSE IN THE ROBINSON REPORT.
2. AS REGARDS PENSIONS AND RETIREMENT AGES, THERE IS NO CHANGE TO OUR PROPOSALS FOR PENSIONS 1.E. SERVICE OF JUDICIAL OFFICERS
OVER THE AGE OF 50 WILL EARN PENSION AT DOUBLE THE STANDARD RATE
UNDER THE NEW PENSION SCHEME. ON RETIREMENT AGES HOWEVER THE CHIEF
JUSTICE HAS NOW CONSULTED THE JUDICIAL SERVICE COMMISSION WHO HAVE
UNAMIMOUSLY RECOMMENDED A RETIREMENT AGE OF 65 FOR ALL JUDICIAL
OFFICERS EXCEPT SERVING DISTRICT JUDGES WHO WILL CONTINUE TO BE
REQUIRED TO RETIRE AT 60 TO MAKE WAY FOR LOCAL CANDIDATES. IN
ADDITION THEY RECOMMEND THAT PROVISION BE MADE FOR EXTENSION BEYOND
THE AGE OF 65 FOR ALL JUDICIAL OFFICERS INCLUDING SUPREME COURT
JUDGES. WE THEREFORE PROPOSE TO REFER THE JSC'S RECOMMENDED RETIRE-
MENT AGES TO EXCO RATHER THAN THE RETIREMENT AGES CONTAINED IN OUR
TUR. SINCE THE BAR ASSOCIATION IS REPRESENTED ON THE JSC THIS SHOULD
STRENGTHEN OUR HAND IN DEALING WITH ANY OBJECTIONS FROM THE BAR TO
THE RAISING OF RETIREMENT AGES FOR MAGISTRATES AND DISTRICT JUDGES.
3.
OUR OTHER PROPOSALS ARE AS FOLLOWS :-
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