TNAG-0314-FCO40-350-Appointments-to-judiciary-of-Hong-Kong-1971 — Page 50

the pension the Hong Kong Government's matching contributions would lave to be paid to that firm while if the provision were payable from public funds they Would only be a matter of book-keeping.

It would presumably be possible to work into the arrangements for a special pension an option of commuting all or part of the earned pension for a lump sum on retirement.

I cannot of course give any precise figures and it may be that before a precise scheme could be worked out expert advice would need to be obtained from some such source as the Government Retuary or a specialist firm. The suitability of the arrangements to be made for any particular judge would obviously depend on his age at the time of his appointment, bearing in mind that the retiring age fol judges is 62, as well as on his other income and commitments, including tax liabilities. If a judge had only a few years to serve, probably the gratuity would suit him cost, put a judge sith 10 or 15 years expectaticn of service would probably want a pension.

Some members of the Hong Kong Bar must be quite Well-to-do having regard to the very high fees they charge their clients and presumably the sort of man we might select from the Bar would be a senior member

ho had done well in private practice beforehand. Such a man, if concerned at all about the quantum of his eventual pension, might not be averse to the notion of a contributory pension, which is I believe not uncommon in the business world for higher-paid executives.

I should mention incidentally cot long Kong judges cannot be anpointed on contract since their security of tenure is regulated by Order in Council and they hold office until the prescribed retiring age unless removed in accordance with an ecial procedure for misconduct or inaoility to perform their functions. However this dous not greelлde an appointment subject to special conditions of service s8 to pensionability,

5.

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Both we and our legendent Territories General Department would be most grateful for your views on theproposals. In the light of your advice DTGD will wish to consider the wider implications of an approach to the problem in Hong Kong on these lines.

13 August 1971

E O Laird

Hong Kong Department (K246)