NOTE FOR THE PRIVY COUNCIL
DRAFT HONG KONG LETTERS PATENT
1.
The purpose is to
An amendment is required to the Letters Patent, Article XVI
in order to provide that the provisions of Article XVI on
dismissal and discipline of public officers in Hong Kong do not
apply to certain judicial officers.
underline the independence of these officers. It is proposed
to make separate provision for their discipline and removal
under local legislation. A Hong Kong bill has been drafted for
this purpose.
It is provided in Letters Patent XIV (1) that
public officers hold their office during the Crown's pleasure,
unless otherwise provided by law. The bill makes such
provision.
2. The draft Letters Patent provide that Article XVI of the
principal Letters Patent is amended by numbering that Article
as Article XVI, paragraph (1) and adding a new paragraph (2)
which provides that paragraph (1) shall not apply to the
judicial officers who are listed in new paragraph (2). If
made, the Letters Patent and the bill would be brought into
effect on the same day. The draft Letters Patent would come
into operation on the date of publication in the Hong Kong
Gazette.