XN000022-1989-11-08 — Page 54

WEDNESDAY, NOVEMBER 8, 1989

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BILL AIMS TO UNDERLINE JUDICIARY'S INDEPENDENCE

*

THE PURPOSE OF THE JUDICIAL SERVICE COMMISSION { AMENDMENT) BILL 1989 IS TO INTRODUCE CHANGES TO THE JUDICIAL SERVICE COMMISSION IN ORDER TO UNDERLINE THE INDEPENDENCE OF THE JUDICIARY, THE CHIEF SECRETARY, THE HON SIR DAVID FORD, SAID IN THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY) WHEN HE MOVED THE SECOND READING OF THE BILL.

"THE BILL PROVIDES FOR THE EXPANSION OF THE MEMBERSHIP OF THE

JUDICIAL SERVICE COMMISSION FROM SIX TO NINE, CONSISTING OF THREE MEMBERS OF THE JUDICIARY, INCLUDING THE CHIEF JUSTICE AS CHAIRMAN,

TWO MEMBERS OF THE LEGAL PROFESSION AND THREE LAY MEMBERS TOGETHER WITH THE ATTORNEY GENERAL AS AN EX-OFFICIO MEMBER.

"

TO

"THE CHAIRMAN OF THE PUBLIC SERVICE COMMISSION IS NO LONGER BE A MEMBER OF THE JUDICIAL SERVICE COMMISSION, THE CHIEF SECRETARY SAID.

SIR DAVID SAID WHILE THE GOVERNMENT DID NOT SHARE THE LEGAL PROFESSION'S CONCERN ABOUT THE EFFECT OF THE CHAIRMAN'S MEMBERSHIP ON THE CONCEPT OF A NON-CIVIL SERVICE JUDICIARY, IT AGREED THAT HIS EXPERTISE IN APPOINTMENT MATTERS COULD BE PROVIDED BY ONE OF THE LAY MEMBERS.

NOTING THAT THE LEGAL PROFESSION HAD ALSO OBJECTED то THE ATTORNEY GENERAL REMAINING A MEMBER OF THE JUDICIAL SERVICE COMMISSION. SIR DAVID SAID THE ADMINISTRATION HAD CAREFULLY CONSIDERED THE OBJECTIONS BUT CONTINUED TO BELIEVE THAT THERE WERE SOUND REASONS FOR THE ATTORNEY GENERAL TO CONTINUE TO BE A MEMBER.

"THE SEPARATION OF THE JUDICIARY FROM THE ADMINISTRATION DOES NOT MEAN THAT THE ADMINISTRATION HAS NO ROLE TO PLAY IN THE APPOINTMENT OF JUDGES AND MAGISTRATES.

"THE ADMINISTRATION HAS A RESPONSIBILITY FOR ENSURING THAT HIGH STANDARDS ARE MAINTAINED IN THE ADMINISTRATION OF JUSTICE IN WHICH JUDICIAL APPOINTMENTS PLAY AN IMPORTANT PART.

"IT IS APPROPRIATE THAT THE ATTORNEY GENERAL AS GUARDIAN OF THE PUBLIC INTEREST IN THE ADMINISTRATION OF JUSTICE, SHOULD PARTICIPATE IN JUDICIAL APPOINTMENTS," SIR DAVID SAID.

HE ALSO POINTED OUT THAT THE GOVERNMENT BELIEVED THAT THE ATTORNEY GENERAL'S POSITION AS LEGAL ADVISER TO THE GOVERNOR AND HEAD OF THE LEGAL DEPARTMENT MADE IT APPROPRIATE FOR HIM TO BE A MEMBER OF THE JUDICIAL SERVICE COMMISSION.

"THE LEGAL DEPARTMENT BRIEFS OUT A GREAT DEAL OF WORK ΤΟ THE PRIVATE SECTOR AND EMPLOYS APPROXIMATELY 250 GOVERNMENT LAWYERS. SUCH A POSITION GIVES THE ATTORNEY GENERAL A CONSIDERABLE APPRECIATION ABILITY WITHIN THE LEGAL PROFESSION OF HONG KONG.

OF

"HE IS