XN000022-1991-01-07 — Page 11

10

MONDAY, JANUARY 7, 1991

MAY BE

"IN THIS WAY, IT IS HOPED THAT INCORRECT ASSESSMENTS VASTLY REDUCED IF NOT ENTIRELY ELIMINATED, THE CHIEF JUSTICE STRESSED.

SIR TI LIANG POINTED OUT THAT WHEN THE JUDICIARY APPOINTMENTS COMMITTEE HAS MADE ITS RECOMMENDATIONS TO THE CHIEF JUSTICE, AND WHEN ALL OTHER APPLICATIONS HAVE BEEN RECEIVED, A PAPER IS PREPARED FOR THE JUDICIAL SERVICE COMMISSION.

"THE PAPER WILL GIVE DETAILS OF THE POST OR POSTS TO BE FILLED, OF ALL CANDIDATES, AND WILL HAVE ATTACHED, FOR THOSE FROM WITHIN GOVERNMENT SERVICE, THE ASSESSMENTS RECEIVED FROM THEIR HEADS OF DEPARTMENT.

"IN

TO

ADDITION, THE MEMBERS OF THE COMMISSION HAVE AVAILABLE THEM THE ANNUAL STAFF REPORT FILES FOR EVERY ELIGIBLE PERSON FROM WITHIN THE GOVERNMENT SERVICE," HE SAID.

THE MEMBERS OF THE COMMISSION WILL HAVE READ ALL THESE PAPERS BEFORE A MEETING IS HELD AND THEY THEN CONSIDER ALL THOSE ELIGIBLE, TAKING INTO ACCOUNT FACTORS SUCH AS THE CANDIDATE'S LEGAL KNOWLEDGE, JUDICIAL TEMPERAMENT AND PROPRIETY OF CONDUCT IN AND OUT OF COURT, TOGETHER WITH AGE, SENIORITY AND EXPERIENCE, AND KNOWLEDGE AFFAIRS AND LANGUAGE, HE ADDED.

OF LEGAL

ITS:

THE CHIEF JUSTICE EMPHASISED THAT THE COMMISSION CONSIDERS MATTERS EXTREMELY THOROUGHLY, BEARING IN MIND THE OVERRIDING DUTY TO APPOINT THE BEST PEOPLE AVAILABLE TO JUDICIAL OFFICE WHILST, AT THE SAME TIME, BEING SCRUPULOUSLY FAIR TO ALL THOSE ENTITLED TO BE

CONSIDERED.

ON THE POSTS IN THE HIGH COURT, SIR TI LIANG STATED THAT THE PROCEDURES TEND TO BE SLIGHTLY LESS FORMAL AND THE JUDICIARY APPOINTMENTS COMMITTEE IS NOT ASKED TO ADVISE THE CHIEF JUSTICE.

THE

"THOSE WITHIN THE JUDICIARY, WHO ARE ELIGIBLE FOR ELEVATION TO HIGH COURT BENCH, ARE USUALLY WELL KNOWN TO MEMBERS OF THE COMMISSION. CERTAINLY THAT HAS BEEN SO IN THE PAST, ALTHOUGH, WITH A COMMISSION NOW INCLUDING MEMBERS NOT CONNECTED WITH THE LEGAL PROFESSION, THE POSITION WILL BE A LITTLE DIFFERENT.

"CANDIDATES FOR THE HIGH COURT BENCH FROM OUTSIDE THE JUDICIARY BUT FROM WITHIN HONG KONG WILL, INEVITABLY, BE WELL KNOWN AND, ALTHOUGH CERTAIN ENQUIRIES MAY HAVE TO BE MADE, THERE IS USUALLY LITTLE DOUBT IN THE COMMISSION ABOUT SOMEONE'S SUITABILITY OR OTHERWISE, HE SAID.

TT

IT WAS HOWEVER A LITTLE MORE DIFFICULT TO CONSIDER CANDIDATES FROM OUTSIDE HONG KONG (UP TO NOW ALWAYS ENGLAND) WHERE LESS WILL BE KNOWN AND MORE ENQUIRIES MAY BE CALLED FOR, BOTH HERE AND IN ENGLAND, ACCORDING TO THE CHIEF JUSTICE.

/NEVERTHELESS, SIR