fur Anitay

The Richelt stad

وره امل

The Secretary of Staty

is content with you recommendation.

CONFIDENTIAL

Dawn 11.

Mr Masefield J. 1. Casefeld 2/1x,

PS/Mr goodlad

Private Secretary

Sevetary State

3. SEP 1955

Спа

66

FROM: P F Ricketts

Hong Kong Department

DATE: 2 September 1993

cc: Miss Brooks, Legal

Counsellor

Private Secretary

Minister

निम 319.

7/9

Mehr boo glad is contents

HONG KONG: JUDICIAL OFFICERS (TENURE OF OFFICE) ORDINANCE:

AMENDMENT TO THE COLONIAL REGULATIONS

APS/MR GELDLAD

7/9

Problem

Арген

A

225/9.

1. An amendment to the Colonial Regulations is required to take account of Hong Kong's Judicial Officers (Tenure of Office) Ordinance. This is a technical and wholly non-controversial matter, but our legal advice is that it requires the personal approval of the Secretary of State.

Recommendation

2.

(i)

I recommend that the Secretary of State should:

approve an amendment to Regulation 54 (6) and a

consequential amendment to Regulation 65 of Appendix II to Part 1 of the Colonial Regulations.

(ii) agree that the Governor may amend paragraph 3(1) and delete paragraph 3(2) of the Disciplinary Procedures

(Colonial Regulations) Regulations (DP(CR)R).

Our Legal Counsellor and the Hong Kong Government are content.

Background

3.

At present, magistrates and other judicial officers in Hong Kong do not enjoy the same security of tenure of office as judges. In 1987, ExCo approved a package of measures designed to enhance the independence and terms of service of the Judiciary. As part of this package, it was proposed that magistrates and judicial officers should receive security of

CONFIDENTIAL

нка 373/1

27 SEP 1993

I

sos.crs/JUDICIARY/bp

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