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MONDAY, JANUARY 7, 1991
THE ENLARGED MEMBERSHIP NOW CONSISTS OF:
THE CHIEF JUSTICE, WHO IS THE CHAIRMAN;
THE ATTORNEY GENERAL; AND
SEVEN MEMBERS APPOINTED BY THE GOVERNOR, OF WHOM TWO SHALL BE JUDGES, ONE SHALL BE A BARRISTER AND ONE SHALL BE A
SOLICITOR, AND THREE LAYMEN WHO ARE NOT, IN THE OPINION OF
THE GOVERNOR, CONNECTED IN ANY WAY WITH THE PRACTICE OF LAW. "BY THIS CHANGE IN MEMBERSHIP, THE CHAIRMAN OF THE PUBLIC SERVICE COMMISSION WILL NO LONGER BE ON THE COMMISSION, AND THE INCLUSION OF LAY MEMBERS ENSURES THAT THE PUBLIC HAS A VOICE IN' THE APPOINTMENT AND PROMOTION OF JUDICIAL OFFICERS," THE CHIEF JUSTICE SAID.
THE NEXT MAJOR CHANGE WAS THAT WHILST THE COMMISSION'S RESOLUTIONS HAD TO BE UNANIMOUS PRIOR TO THE AMENDED ORDINANCE, THESE MAY NOW BE BY A MAJORITY.
"IT IS PROVIDED THAT AT A MEETING OF THE COMMISSION A RESOLUTION IS EFFECTIVE IF WHERE SEVEN MEMBERS ARE PRESENT, AT LEAST VOTE IN FAVOUR; WHERE EIGHT MEMBERS ARE PRESENT, AT LEAST SIX IN FAVOUR; AND WHERE NINE MEMBERS ARE PRESENT, AT LEAST SEVEN VOTE IN FAVOUR," SIR TI LIANG EXPLAINED.
FIVE VOTE
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IN THE DAYS WHEN RESOLUTIONS HAD TO BE UNANIMOUS, THERE WERE - COMPLAINTS THAT SINCE ONE PERSON ALONE COULD BLOCK AN APPOINTMENT OR PROMOTION, THIS COULD PRODUCE UNFAIR RESULTS. IT WAS THEN GENERALLY AGREED THAT RESOLUTIONS BY MAJORITY SHOULD BE EFFECTIVE. ARGUMENTS WERE CENTRED ON THE SIZE OF THE MAJORITY.
THE
"ONE SCHOOL OF THOUGHT WAS THAT TWO DISSENTING VOTES SHOULD BE ENOUGH TO RENDER A RESOLUTION INEFFECTIVE, THE CHIEF JUSTICE SAID.
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"THE OTHER SCHOOL HOWEVER MAINTAINED THAT IN ORDER TO PREVENT TWO PEOPLE FROM ACTING UNFAIRLY TOGETHER, THREE DISSENTING VOTES SHOULD BE REQUIRED TO RENDER A RESOLUTION INEFFECTIVE, FOR THE LIKELIHOOD OF THREE PEOPLE AGREEING TO ACT UNFAIRLY TOGETHER WAS VERY MUCH REDUCED,' HE ADDED.
AFTER LONG AND CAREFUL DELIBERATIONS, THE RESULT WAS THAT THREE DISSENTING VOTES WERE NEEDED TO RENDER A RESOLUTION INEFFECTIVE.
PASSED,
'WHATEVER THE PROS AND CONS, THE NEW LAW HAS NOW BEEN AND IT IS UP TO ALL THOSE CONCERNED TO MAKE IT WORK. IN MY VIEW THERE IS ABSOLUTELY NO REASON TO SUSPECT THAT THE COMMISSION COULD NOT OR WOULD NOT ACT FAIRLY AND CONSCIENTIOUSLY IN FUTURE, SIR TI LIANG STRESSED.
H
UNDER THE NEW LAW, THE CHAIRMAN AND SIX OTHERS FORM A QUORUM.
/THE JUDICIAL