XN000022-1991-10-05 — Page 2

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RDAY, OCTOBER 5, 1991

STATEMENT ON JUDICIAL APPOINTMENT

IN RESPONSE TO PRESS ENQUIRIES, A SPOKESMAN FOR THE JUDICIARY SAID TODAY (SATURDAY):

"THERE IS A FIRM POLICY OF ENCOURAGING LAWYERS IN HONG KONG TO JOIN THE JUDICIARY. TO THIS END, THE CHIEF JUSTICE IS IN FREQUENT TOUCH WITH HEADS OF THE LEGAL PROFESSIONS, AND HIS VIEWS ARE WELL-KNOWN.

"THE THREE CRITERIA FOR

JUDICIAL APPOINTMENT, ANNOUNCED

PUBLICLY IN THE PAST, ARE: FIRST, COMPETENCE IN LAW, SECOND, JUDICIAL TEMPERAMENT, AND THIRD, PROPRIETY OF CONDUCT.

AND APPOINTMENTS POSTS, THERE ARE

"APART FROM PROMOTIONS WITHIN THE JUDICIARY, OF LAWYERS FROM GOVERNMENT DEPARTMENTS TO JUDICIAL LAWYERS FROM PRIVATE PRACTICE WHO JOIN THE BENCH. ALL JUDICIAL APPOINTMENTS ARE MADE WITH THE THREE CRITERIA IN MIND.

"A LOCAL LAWYER IS PREFERRED TO AN EXPATRIATE FOR HIS KNOWLEDGE

OF THE LOCAL LANGUAGE, CUSTOMS, CONDITIONS, ETC.

"THE NUMBER OF THOSE FOUND SUITABLE FOR SUPREME COURT ARE NECESSARILY SMALL, AND LIMITED OF EXPERIENCE.

ELEVATION

TO THE TO QUEEN'S COUNSEL

ARE OPEN TO ALL AND THE PROFESSIONS ARE

"THE DISTRICT COURT AND MAGISTRATES' COURTS BARRISTERS AND SOLICITORS OF EXPERIENCE, INVITED TO APPLY WHENEVER VACANCIES OCCUR.

"SUITABLE LAWYERS IN PRIVATE PRACTICE ARE SOMETIMES APPOINTED TEMPORARY JUDGES AND MAGISTRATES, PRINCIPALLY FOR THREE REASONS: FIRST, FOR THE JUDICIARY TO SEE HOW THEY PERFORM AS JUDGES WITH A VIEW TO FUTURE APPOINTMENT, SECOND, FOR THE INDIVIDUAL LAWYERS TO DETERMINE WHETHER THEY LIKE JUDICIAL WORK IN THE HOPE THEY WOULD JOIN THE JUDICIARY, AND THIRD, FOR BETTER UNDERSTANDING BETWEEN THE BENCH AND THE BAR.

"AS TO LISTING, EXPERIENCE, OVER MANY YEARS, HAS DEMONSTRATED THAT IN ORDER TO ASSIST LISTING IN THE HIGH COURT TO ANY APPRECIABLE EXTENT, A GREATER NUMBER OF QUEEN'S COUNSEL IN PRIVATE PRACTICE SHOULD MAKE AN ANNUAL COMMITMENT OF SITTING AS TEMPORARY JUDGES FOR NOT LESS THAN THREE MONTHS.

"AT THE MOMENT, A FEW ARE WILLING ΤΟ BE APPOINTED JUDGES AND THEY SIT FOR ABOUT ONE MONTH.

TEMPORARY

"THE DIARIES IN THE OTHER COURTS CAUSE NO PROBLEM AT PRESENT."

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