TNAG-0314-FCO40-350-Appointments-to-judiciary-of-Hong-Kong-1971 — Page 55

Reference

6. 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 Actuary 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 for 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 best, but a judge with 10 or 15 years

expectation of service would probably want a pension.

7. 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 who 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.

8. I should mention incidentally that Hong Kong judges cannot be

appointed 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 a special procedure

for misconduct or inability to perform their functions. However

this does not preclude an appointment subject to special conditions

of service as to pensionability.

9. I have consulted Mr. Fifoot, who concurs, and a copy of this

minute goes to him for information.

10 August, 1971

A.R.R.

AR RUSHFORD DEPUTY LEGAL ADVISER

DD 737719 557664 500M 2/71 GM 3643/2