XN000022-1994-10-29 — Page 4

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SATURDAY, OCTOBER 29, 1994

APPROPRIATE QUALIFICATIONS ARE ALSO SPECIFIED FOR APPOINTMENT NON-PERMANENT HONG KONG JUDGE OR AS A NON-PERMANENT OVERSEAS JUDGE, HE SAID.

AS

A

AS REGARDS PROCEDURES FOR APPOINTMENT, MR MATHEWS SAID THE BILL PROVIDED THE SAME PROCEDURES FOR APPOINTING ALL JUDGES, OTHER THAN THE CHIEF JUSTICE OF THE COURT OF FINAL APPEAL, THAT IS, THE PERMANENT JUDGES, THE NON-PERMANENT HONG KONG JUDGES AND THE NON-PERMANENT OVERSEAS JUDGES.

ONES, NAMELY,

OF THE

RECOMMENDATION

THOSE PROCEDURES WERE SIMILAR TO THE CURRENT APPOINTMENT IS TO BE BY THE GOVERNOR ON THE JUDICIAL SERVICE COMMISSION, HE SAID.

HOWEVER, IN ORDER TO REFLECT PROVISIONS IN THE JOINT DECLARATION AND BASIC LAW, THE BILL PROVIDES THAT THE GOVERNOR SHALL COMPLY WITH EVERY RECOMMENDATION OF THE JUDICIAL SERVICE COMMISSION AND THAT THE CHIEF JUSTICE SHALL BE APPOINTED BY THE GOVERNOR.

HE STRESSED THAT THE PROVISIONS IN THE BILL RELATING TO THE CRITERIA AND PROCEDURES FOR SELECTING THE JUDGES WERE DESIGNED TO ENSURE THAT JUDGES OF THE RIGHT CALIBRE AND EXPERIENCE WOULD BE CHOSEN FOR THE COURT, WHETHER AS PERMANENT OR NON-PERMANENT JUDGES.

THE SELECTION OF THE NON-PERMANENT JUDGE WHO WAS TO BE A MEMBER OF THE COURT TO HEAR ANY PARTICULAR CASE, WHETHER HE WAS FROM THE PANELS OF NON-PERMANENT HONG KONG OR OVERSEAS JUDGES, WAS A MATTER ENTIRELY FOR THE CHIEF JUSTICE OF THE CFA, HE ADDED.

HE SAID: "THE PROCEDURES IN THE BILL FOR APPOINTING ALL CATEGORIES OF JUDGES, AND FOR SELECTING THE NON-PERMANENT JUDGE TO SIT IN EACH CASE, ENSURE THAT JUDICIAL INDEPENDENCE IS FULLY PROTECTED."

ON THE RETIREMENT OF JUDGES OF THE COURT, MR MATHEWS SAID THE BILL WAS CLOSELY MODELLED ON EXISTING LAW. HOWEVER, IN ORDER THAT EXPERIENCED BUT RETIRED JUDGES MAY SERVE AS NON-PERMANENT JUDGES (WHETHER LOCAL OR OVERSEAS) THE BILL PROVIDED NO RETIRING AGE FOR SUCH JUDGES. INSTEAD, APPOINTMENTS WILL BE FOR A FIXED TERM, AND MAY BE RENEWED.

EARLIER IN HIS SPEECH, MR MATHEWS SAID THERE WERE A NUMBER OF DISADVANTAGES TO ESTABLISH THE CFA AFTER 1997.

HE SAID: "THE DISADVANTAGES ARE THAT, FOR AT LEAST A YEAR BEFORE AND FOR SOME TIME AFTER THE TRANSFER OF SOVEREIGNTY, THERE

BE WOULD

JUDICIAL VACUUM

AT A GAPING HOLE

THE APEX OF

JUDICIARY.

A

TT

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OUR

COURT WILL

OF

BE.

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"THERE WOULD BE UNCERTAINTY AS TO WHEN AND HOW THE FINAL APPEAL WILL BE ESTABLISHED, AND AS TO WHO THE. JUDGES CONFIDENCE IN HONG KONG'S LEGAL SYSTEM WOULD BE SERIOUSLY UNDERMINED.

THE

ELABORATING ON THESE DISADVANTAGES, MR MATHEWS SAID THE FIRST THE JUDICIAL VACUUM WHICH WOULD OCCUR, BOTH BEFORE AND AFTER TRANSFER OF SOVEREIGNTY.

WAS

/"A VACUUM