9
MONDAY, JANUARY 7, 1991
·
ON
F
THE JUDICIAL SERVICE COMMISSION (AMENDMENT) ORDINANCE, ENACTED JULY 12, 1990, CAME INTO OPERATION ON NOVEMBER 26, 1990. THE COMMISSION IS THE BODY WHICH MAKES RECOMMENDATIONS TO THE GOVERNOR ON JUDICIAL APPOINTMENTS.
EARLIER, THE CHIEF JUSTICE SAID THE MEMBERSHIP OF THE ATTORNEY GENERAL ON THE COMMISSION WAS A MUCH DEBATED ISSUE AT THE TIME THE AMENDMENT BILL WAS EXAMINED THOUGH IT WAS AGREED BY ALL THAT THE ATTORNEY GENERAL OVER THE PAST DECADE OR SO SINCE THE COMMISSION WAS ESTABLISHED, HAD ALWAYS ACTED FAIRLY AND CONSCIENTIOUSLY.
"THOSE WHO WERE IN FAVOUR OF KEEPING THE ATTORNEY GENERAL ON THE COMMISSION ARGUED THAT LAWYERS FROM HIS DEPARTMENT APPEARED IN A GREAT MANY CASES AT ALL LEVELS OF THE COURTS AND HE WOULD THEREFORE BE IN A POSITION TO OFFER USEFUL COMMENTS WHEN JUDICIAL APPOINTMENTS AND PROMOTIONS WERE CONSIDERED.
"ON THE OTHER HAND THOSE WHO CONTENDED THAT THE ATTORNEY GENERAL SHOULD NOT BE A MEMBER OF THE COMMISSION HELD THAT AS A SENIOR MEMBER OF THE EXECUTIVE, AND IN ORDER TO MAINTAIN NOT ONLY THE SUBSTANCE BUT ALSO THE APPEARANCE OF THE INDEPENDENCE OF JUDICIARY, HE SHOULD NOT SERVE ON THE COMMISSION," HE SAID.
AFTER LONG AND CAREFUL DELIBERATIONS, THE ATTORNEY MEMBERSHIP STAYS, IN LINE WITH JUDICIAL SERVICE COMMISSIONS OTHER COMMONWEALTH COUNTRIES.
GENERAL'S OF MANY
IN HIS SPEECH, THE CHIEF JUSTICE ALSO ELABORATED ON HOW THE COMMISSION ASSESSES CANDIDATES FOR APPOINTMENT AND PROMOTION.
ANY LEVEL LEGAL
THE
"WHEN IT IS KNOWN THAT THERE WILL BE A VACANCY AT THE HIGH COURT, NOTIFICATION BELOW
IS SENT
ΤΟ OUT PROFESSIONS THROUGH THE GOOD OFFICES OF THE BAR ASSOCIATION LAW SOCIETY. NOTIFICATION IS ALSO SENT TO THE ATTORNEY REGISTRAR GENERAL AND DIRECTOR OF LEGAL AID.
"IN THE RECRUITMENT OF MAGISTRATES, THE VACANCIES
ENGLAND AS WELL.
IN
AND THE GENERAL,
MAY BE
ADVERTISED
A CLOSING DATE IS GIVEN FOR APPLICATIONS AND VERY OFTEN INTERVIEWS ARE HELD.
"FOR THOSE ALREADY WITHIN THE JUDICIARY WHO ARE ENTITLED TO BE CONSIDERED FOR A MORE SENIOR POST, THE CHIEF JUSTICE RECEIVES ADVICE FROM A BODY CALLED THE JUDICIARY APPOINTMENTS COMMITTEE," HE SAID.
A
THE COMMITTEE, SET UP YEARS AGO BY SIR TI LIANG'S PREDECESSOR, IS CHAIRED BY MR JUSTICE JONES AND ASSISTED BY A HIGH COURT JUDGE, DISTRICT COURT JUDGE, AND THE CHIEF MAGISTRATE, WITH THE REGISTRAR, SUPREME COURT, AS SECRETARY.
"BECAUSE OF THE LARGE NUMBER OF CANDIDATES, WITH SOME OF WHOM I MAY NOT BE FAMILIAR, I CONTINUE TO SEEK ASSISTANCE FROM THE COMMITTEE, ALTHOUGH IT BY NO MEANS PRECLUDES ME FROM FORMING MY OWN JUDGEMENT ON PERSONAL KNOWLEDGE OR WHAT I LEARN THROUGH MY CONTACTS WITHIN JUDICIARY AND THE LEGAL PROFESSIONS.
THE
/"IN THIS
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