WEDNESDAY, JUNE 27, 1984
THE MEASURES SHOULD ALSO RECOGNISE HIS FURTHER RIGHT TO THE SERVICES OF A FEARLESS, INDEPENDENT LEGAL PROFESSION WHOSE COMMUNICATION WITH HIM WOULD BE PRIVILEGED, HE STRESSED.
+ON THE OTHER SIDE OF THE COIN, WE MUST ENSURE THAT PROSECUTIONS ARE CONDUCTED ON THE WELL-ESTABLISHED PRINCIPLE THAT THE PROSECUTOR IS A MINISTER OF JUSTICE, WHOSE JOB IT IS TO BRING THE FACTS BEFORE THE COURT AND TO ENSURE THAT JUSTICE IS DONE.
+PROFESSIONAL ISM, INTEGRITY, AND FREEDOM FROM EXTERNAL INFLUENCE ARE ESSENTIAL, HE SAID.
+
HE EMPHASISED THAT HONG KONG MUST ENSURE THE ADOPTION, AFTER 1997, OF AN INDEPENDENT BODY SIMILAR TO THE EXISTING JUDICIAL SERVICE COMMISSION WITH ITS INTEGRITY AND COMPETENCE BEYOND REPROACH.
+ IT SHOULD BE CHARGED WITH THE DUTY OF ADVISING THE CHIEF EXECUTIVE OF THIS TERRITORY ON APPOINTMENTS TO AND ADVANCEMENT WITHIN THE JUDICIAL SERVICE, HE SAID.
HE STRESSED THAT APPOINTMENTS MUST BE ON THE BASIS OF MERIT, FREE OF EXTERNAL INFLUENCE AND NON-POLITICAL.
HE SAID THAT SECURITY OF TENURE IS ESSENTIAL IN ORDER TO PRESERVE JUDICIAL INDEPENDENCE, AND THE UNDERLYING THEME OF THE PRESENT ARTICLE 16A OF THE HONG KONG LETTERS PATENT SHOULD THUS BE ADOPTED IN THE TERRITORY'S FUTURE ARRANGEMENTS.
THIS WOULD PERMIT REMOVAL OF JUDGES ONLY ON THE GROUNDS OF INABILITY (THROUGH PHYSICAL OR MENTAL INFIRMITY) TO PERFORM THE FUNCTIONS OF THEIR OFFICE, AND OF MISBEHAVIOUR.
+ IT IS NOT MISBEHAVIOUR FOR A JUDGE TO ARRIVE AT A DECISION WHICH IS UNPOPULAR OR AT VARIANCE WITH OFFICIAL POLICY. HE RULES ON THE VIEW HE TAKES OF THE LAW, HE SAID.
HE ALSO POINTED OUT THAT DISMISSAL OF THE JUDGE OR OF ANY JUDICIAL OFF ICER SHOULD ONLY BE SANCTIONED AFTER INVESTIGATION BY, AND ON THE RECOMMENDATION OF, AN INDEPENDENT TRIBUNAL.
THE TRIBUNAL COULD BE THE SAME BODY THAT ADVISES ON
APPOINTMENTS.
+BUT THERE MUST BE NO EXTERNAL INFLUENCE, AND NO SUBVERTING OF THIS BODY, HE SAID.
MR SWAINE SUGGESTED AT THE RECENT DEBATE ON THE LOBO MOTION THAT MEMBERS OF THE ENGLISH BENCH BE INVITED TO SIT IN HONG KONG UNDER A SYSTEM OF RENEWABLE ENGAGEMENTS.
+THAT SUGGESTION WAS MADE AS A MEANS OF ALLAYING FEARS ABOUT THE QUALITY OR PARTIALITY OF OUR JUDICIAL DECISIONS AFTER 1997, ON THE TERMINATION OF APPEALS TO THE PRIVY COUNCIL IN LONDON, + HE EXPLAINED.
/TO AVOID