N
MONDAY, JANUARY 9, 1989
ON THE PERCENTAGE OF LOCALS IN THE JUDICIARY, THE JUSTICE SAW DIFFICULTY IN CONCURRING WITH THE ESTIMATE ONCE MADE THE JUDICIARY WOULD BE "50 PER CENT LOCALISED" IN 10 YEARS AND THE TARGET WAS ATTAINABLE BECAUSE THEY WERE ALREADY ABOUT 35 PER LOCALISED.
CHIEF
THAT
THAT CENT
"ALL THAT CAN BE SAID IS THAT WE SHALL CONTINUE TO TRY OUR UTMOST TO ATTRACT LOCAL LAWYERS AND BE RECEPTIVE TO NEW IDEAS WHICH WOULD HELP US IN OUR ENDEAVOUR.
++ IF WE HAVE TO TALK OF PERCENTAGE AT ALL, THEN THE SAME PERCENTAGE MUST EVENTUALLY BE APPLIED MORE OR LESS ACROSS THE BOARD, TO EACH AND EVERY LEVEL OF THE COURTS.
"HAVING REGARD TO THE RELATIVE YOUTH OF THE BARRISTERS AND SOLICITORS IN HONG KONG, HOWEVER, THE EARLY YEARS WILL SEE A PREPONDERANCE OF RECRUITS TO THE MAGISTRATES' COURTS RATHER THAN THE DISTRICT COURT AND ABOVE, HE SAID.
SIR TI LIANG POINTED OUT THAT AT PRESENT THERE ARE SOME 21 LOCAL MAGISTRATES OUT OF A TOTAL OF
64. 10 OF THEM BEING SPECIAL MAGISTRATES WHO ARE NOT LEGALLY QUALIFIED. OF 36 DISTRICT JUDGES ONLY 11 ARE EMPLOYED ON LOCAL TERMS; OF THE 30 SUPREME COURT FOUR ARE LOCALS INCLUDING THE CHIEF JUSTICE.
JUDGES,
"BUT WE ARE NOT IN A PERCENTAGE GAME. THE STANDING AUTHORITY OF THE JUDICIARY MUST NOT BE ALTERED OR DIMINISHED BY SLAVISH ADHERENCE TO QUOTAS," HE SAID.
ONLY
AND
ANY
IN THIS CONNECTION, THE CHIEF JUSTICE MENTIONED A NUMBER OF MEASURES AND CONSIDERATIONS TAKEN BY THE JUDICIARY TO ATTRACT MORE LOCAL LAWYERS TO WORK IN THE JUDICIARY:
(I) AS PART OF THE SEPARATION OF THE JUDICIARY FROM THE CIVIL SERVICE, THE STANDING COMMITTEE ON JUDICIAL SALARIES AND CONDITIONS OF SERVICE HAS BEEN APPOINTED.
THIS COMMITTEE NOW CONSIDERS' PROPOSALS FOR THE JUDICIARY IN ISOLATION FROM THE CIVIL SERVICE AS A WHOLE, AND MAY APPLY DIFFERENT CRITERIA IN REACHING ITS CONCLUSIONS. THE INDEPENDENCE OF THE JUDICIARY FROM THE GOVERNMENT IS THEREBY EMPHASISED.
THE COMMITTEE WILL BE ASKED TO CONSIDER, INTER ALIA
(A) THE IMPLEMENTATION OF THE SO-CALLED "CASH FOR
PERKS" AND
(B)
THE
THE ELIMINATION OF THE LAST VESTIGE IN DIFFERENCE IN TERMS OF EMPLOYMENT BETWEEN LOCALS AND EXPATRIATES, NAMELY, LEAVE TERMS.
/(II) THE PERMANENT