adviser on legal matters, He is also a
member of the Legislative and Executive
Councils and he is ultimately responsi-
ble for all criminal prosecutions.
Under the Ordinance, neither a member
of the Legislative Council nor a person
holding pensionable office the emolu-
ments of which are payable wholly or
partly out of public revenue is eligi-
ble for appointment as a member.
(b)
(iii)
The AG's presence on the JSC would
therefore appear to be both incompati-
ble with the principle already
mentioned and not in keeping with the
spirit of the Ordinance.
The Chairman of the Public Service Commission
The Public Service Commission is by the
provisions of the Public Service Commission
Ordinance enjoined from exercising its advi-
sory functions on matters relating to any
judicial office. The policy behind this is
presumably a recognition of the "non-identi-
fication" of the judiciary with the Civil
Service. If the concept of a non-civil ser-
vice judiciary is accepted, it would appear
anomalous that the Chairman of the PSC is
then an "ex -officio" member of the JSC. The
expertise of the Chairman of the Public Ser-
vice Commission can be made available to tho
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