XN000022-1988-04-27 — Page 22

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WEDNESDAY, APRIL 27, 1988

"CONSIDERATION IS ALSO BEING GIVEN TO WHETHER ANY CHANGES NEED TO BR MADE IN THE PRESENT SECURITY OF TENURE ARRANGEMENTS OF MAGISTRATES."

STR DAVID EXPLAINED THAT WHILE APPOINTED UNDER DIFFERENT PROCEDURE, ALL JUDICIAL OFFICERS, INCLUDING BOTH JUDGES AND MAGISTRATES, WERE APPOINTED BY THE GOVERNOR.

ALSO, ALL SUCH APPOINTMENTS WERE MADE ON THE RECOMMENDATION OF THE JUDICIAL SERVICE COMMISSION WHICH WAS AN INDEPENDENT STATUTORY BODY.

FROM

HE SAID: "AS REGARDS REMOVAL, A JUDGE MAY ONLY BE REMOVED OFFICE FOR INABILITY TO DISCHARGE THE FUNCTIONS OF HIS OFFICE OR FOR MISBEHAVIOUR.

IS

"MOREOVER, SUCH INABILITY OR MISBEHAVIOUR MUST BE INVESTIGATED BY A TRIBUNAL OF JUDGES APPOINTED BY THE GOVERNOR AND, IF REMOVAL RECOMMENDED, THE CASE MUST BE REFERRED TO THE JUDICIAL COMMITTEE THE PRIVY COUNCIL.

OF

"IN THE CASE OF MAGISTRATES, THOSE ON PENSIONABLE TERMS MAY ONLY BE REMOVED FROM OFFICE ON DISCIPLINARY GROUNDS BY THE GOVERNOR AFTER CONSIDERATION OF THEIR CASE BY A BOARD HEADED BY A SUPREME COURT JUDGE APPOINTED BY THE CHIEF JUSTICE AND INCLUDING AT LEAST ONE OTHER JUDGE.

"AS FAR AS MAGISTRATES ON AGREEMENT TERMS ARE CONCERNED, DISCIPLINARY CASES ARE, AS A MATTER OF PRACTICE, REFERRED TO THE JUDICIAL SERVICE COMMISSION.

SIR DAVID ADDED THAT IN CONSIDERING ANY CHANGES, REGARD MUST BE HAD TO THE PROVISIONS OF THE JOINT DECLARATION.

SECTION III OF ANNEX I TO THE JOINT DECLARATION PROVIDED FOR JUDGES TO BE REMOVED BY THE CHIEF EXECUTIVE ON THE RECOMMENDATION OF A TRIBUNAL OF JUDGES APPOINTED BY THE CHIEF JUDGE OF THE COURT OF FINAL APPEAL.

THE REMOVAL OF PRINCIPAL JUDGES ALSO REQUIRED THE ENDORSEMENT OF THE LEGISLATURE.

FOR OTHER JUDICIAL OFFICERS INCLUDING MAGISTRATES, SECTION PROVIDED FOR THE PRESENT SYSTEM TO BE MAINTAINED.

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