MONDAY, JANUARY 8, 1990
(IV)
(V)
(VI)
2)
3)
+
THE RECENT UPGRADING OF THE MAGISTRATES ' POSTS WAS ALSO DESIGNED TO ENCOURAGE WELL-QUALIFIE♪ LAWYERS TO JOIN THE JUDICIARY.
A JUDICIAL STUDIES BOARD, CHAIRED BY MR JUSTICE NA 27, WAS SET UP LAST YEAR TO ENABLE HOLDERS OF JUDICIAL OFFICE TO WIDEN AND DEEPEN THEIR KNOWLEDGE ON VARIOUS ASPECTS OF THEIR WORK.
JUDICIAL SALARIES HAVE BEEN REMOVED FROM THE CIVIL SERVICE SCALE, GIVING
GREATER
ADMINISTRATION.
FLEXIBILITY
INDEPENDENT
AND
OF
INDEPENDENCE IN GOVERNMENT, THERE IS NOW A STANDING COMMITTEE ON JUDICIAL SALARIES AND CONDITIONS OF SERVICE. THIS COMMITTEE HAS IN ITS FIRST OVERALL REVIEW RECENTLY MADE RECOMMENDATIONS WHICH WILL FURTHER DISTINGUISH THE JUDICIARY FROM THE CIVIL SERVICE.
A FURTHER CHANGE CONCERNS THE JUDICIAL SERVICE COMMISSION, WHICH ADVISES ON APPOINTMENTS AND PROMOTIONS. A BILL HAS BEEN INTRODUCED WHICH, IF PASSED INTO LAW, WILL ENLARGE THE COMMISSION TO INVOLVE MORE NON-LAWYERS IN THE EXERCISE OF ITS RESPONSIBILITIES. IT WILL NO LONGER NEED TO BE UNANIMOUS IN ITS RESOLUTIONS BUT MAY TENDER ADVICE TO THE GOVERNOR ON A DECISION OF A SUBSTANTIAL MAJORITY OF ITS MEMBERS. AT THE APPROPHIATE MOMENT IN THE FUTURE IT IS PROPOSED THAT THE COMMISSION ITSELF WILL MAKE DECISIONS ON APPOINTMENTS OF JUDICIAL OFFICERS AND CEASE TO PERFORM ONLY AN ADVISORY ALTHOUGH IT IS FAIR TO SAY THAT THE GOVERNOR INVARIABLY ACCEPTS THE ADVICE OF THE COMMISSION ON SUCH MATTERS. HOWEVER, THERE ARE MANY ASPECTS OF AN EXECUTIVE COMMISSION WHICH NEED CAREFUL STUDY AND THIS WILL TAKE TIME.
HOLE,
ESTABLISHED WILL BE SEVERAL A STRONG COURT,
HONG KONG'S COURT OF FINAL APPEAL IS TO BR IN DUR COURSE, AND 1 HOPE THAT THIS YEARS IN ADVANCE OF 1997. THIS WILL BE WITH THE BEST BRAINS THAT ARE AVAILABLE TO THE JUDICIARY. THIS COURT WILL TAKE THE PLACE OF PRIVY COUNCIL IN LONDON AND UNDER THE JOINT DECLARATION MAY INCLUDE JUDGES INVITED FROM OTHER COMMON LAW JURISDICTIONS, FOR EXAMPLE, AUSTRALIA, NEW ZEALAND, THE REPUBLIC OF IRELAND, AND THE UNITED KINGDOM. AFTER 1997 OUR FINAL APPEALS WILL CONTINUE TO BE HEARD AND DETERMINED 1N HONG KONG AND NOT IN BEIJING.
THE CHIEF JUSTICE SAID THAT THOSE CHANGES WERE EITHER ALREADY IN PLACE OR WERE SCHEDULED TO COME WITHIN THE NEXT FEW YEARS,
"THEY ILLUSTRATE THE EVOLUTION OF HONG KONG'S JUDICIARY INTO WHAT IS BOTH ACTUALLY AND PERCEPTIBLY A STRONG AND INDEPENDENT BULWARK OF A FREE SOCIETY.
/"I SPEAK