í
15
The report's criticism is twofold -
(1)
(2)
The three lay members and the Attorney General now gives the Executive more control of the Commission than it had previously and it is no longer regarded as independent.
a
Previously unanimity was required for a
recommendation but now
recommendation for
appointment can be made even if there are 2
dissenting voices (although the Report confuses quorum with necessary majority).
The
the
first point is not valid. Under the old composition Governor could appoint three other members (one of whom need not necessarily be a judge). The non-executive
members could therefore number only 2 out of 6. Under the new composition the non-executive members must number 5 out
of 9.
The second point is factually valid but the new system has the advantage of preventing one member vetoing a perfectly valid nomination.
The Report at page 85 alleges contradictory statements made by Government during the Legislative Council debate on the amendments relating to the change from unanimity to no more than 2 dissenting voices. The only official member who
spoke in that debate was the Chief Secretary and Hansard contains no evidence of any contradictory statement made by him.