CODE 18-77
ALSO ENTRED
c_md
Miss Brooks
Legal Advisers
HMCCS POLICY,
CONFIDENTIAL
HMOCS ISSUES: JUDICIAL OFFICERS
JUDICIARY
Reference
HHA 233/2 HKA 373/1
CA MAD KI
1.
In the event that we will get Ministerial agreement to take forward our proposals for arrangements for HMOCS officers, I would like to ensure that we do not have a problem about judicial officers which we may not have focused
on.
2. Can you see any reason why judicial officers should be treated differently from HMOCS officers? Is there any reason, by virtue of their appointment, that they should be treated differently? For example, I note that judicial officers hold their office "during Our pleasure" (Letters Patent X1V). As far as I am aware HMOCS officers do not hold their posts during the Queen's pleasure. Indeed HMOCS officers do not figure in the Letters Patent or Royal Instructions. Does the ending of "Our pleasure" in 1997 have any special significance therefore for judicial officers? Could they argue that since the Queen no longer holds sway over Hong Kong, they should not be required to continue but should have the right to retire? Could we overcome such an argument by having the Queen issue some statement or has such a statement effectively already been covered by the fact of the JD?
3. You should be aware that in 1989/90 we had some correspondence with your predecessor, Mr Fifoot, over the eligibility of judicial officers to join HMOCS. (I regret I cannot find the correspondence at present). As you will appreciate, judicial officers are not members of the civil service and were not included in the 1954 White Paper on the establishment of a unified service. However there is no HMO Judicial Service and it has ong been our practice to appoint judicial officers as members of HMOCS. More recently, after the minuting with Mr Fifoot, we stopped appointing them as members of HMOCS but instead made them eligible for the duties, rights and obligations bestowed by HMOCS. I doubt that this is relevant but I draw it to your attention.
Uhl ustane. лил
M V Stone
Hong Kong Department
WH 304
270 2651
14 February 1992
MVSACU
CONFIDENTIAL
2