XN000022-1988-06-22 — Page 23

WEDNESDAY, JUNE 22, 1988

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MEASURES DESIGNED TO ENHANCE JUDICIARY'S INDEPENDENCE

THE JUDICIAL SERVICE COMMISSION (AMENDMENT) BILL 1988 OF A PACKAGE OF MEASURES DESIGNED ΤΟ UNDERLINE INDEPENDENCE OF THE JUDICIARY, THE CHIEF SECRETARY, TOLD THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).

IS PART

AND ENHANCE THE SIR DAVID FORD,

AND THE PROPOSALS EMBODIED IN THE BILL HAD THE FULL AGREEMENT OF THE JUDICIARY ITSELF, HE Added.

SIR DAVID WAS REFERRING, WHILE MOVING THE SECOND READING OF THE BILL, TO A COMMENT BY THE BAR ASSOCIATION AND THE LAW SOCIETY ON THE NEED TO PRESERVE THE INDEPENDENCE OF THE JUDICIARY.

ON THE TWO BODIES' CONCERN THAT THERE HAD BEEN A LACK OF PRIOR CONSULTATION, SIR DAVID POINTED OUT THAT THE BILL WAS PUBLISHED IN THE GOVERNMENT GAZETTE 12 DAYS AGO.

"IT IS BEING INTRODUCED INTO THIS COUNCIL TODAY; AND THE DATE OF ITS SECOND READING AND SUBSEQUENT STAGES HAS YET TO BE FIXED, HE SAID.

"THIS PROCEDURE PROVIDES AMPLE OPPORTUNITY FOR INTERESTED PARTIES TO EXPRESS THEIR VIEWS ON THE BILL BEFORE A FINAL DECISION MADE BY THIS COUNCIL.

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SIR DAVID SAID HE WAS PLEASED THAT THE BAR ASSOCIATION AND THE LAW SOCIETY HAD TAKEN THAT OPPORTUNITY.

TURNING TO THE SPECIFIC QUERIES RAISED BY THESE TWO BODIES, SIR DAVID NOTED THEY HAD ASKED WHETHER THE ATTORNEY GENERAL AND THE CHAIRMAN OF THE PUBLIC SERVICE COMMISSION SHOULD REMAIN AS MEMBERS OF THE JUDICIAL SERVICE COMMISSION.

"THE GOVERNMENT'S VIEW IS THAT IT WOULD BE ENTIRELY APPROPRIATE THAT THEY SHOULD DO SO: THE ATTORNEY GENERAL, BECAUSE OF HIS ROLE AS THE GOVERNOR'S PRINCIPAL ADVISER ON LEGAL MATTERS: AND THE CHAIRMAN, PUBLIC SERVICE COMMISSION, BECAUSE OF HIS INDEPENDENT STATUS AND HIS EXPERTISE IN APPOINTMENT MATTERS, HE SAID.

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SIR DAVID ALSO NOTED THE TWO BODIES' QUERY ON WHETHER THE LAY MEMBERS OF THE JUDICIAL SERVICE COMMISSION SHOULD BE SELECTED AND APPOINTED BY THE GOVERNOR.

"THE GOVERNMENT'S VIEW IS THAT THEY SHOULD, IN LINK WITH WELL-ESTABLISHED SYSTEM IN HONG KONG, HE EXPLAINED.

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ON WHETHER REPRESENTATIVES OF THE BAR ASSOCIATION AND THE SOCIETY SHOULD FORMALLY BE NOMINATED BY THE RESPECTIVE BODY, DAVID POINTED OUT THAT THE BILL PROVIDED FOR THE APPOINTMENT AMONG OTHERS, A BARRISTER AND A SOLICITOR.

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SIR

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