TNAG-0499-FCO40-564-Administration-of-justice-in-Hong-Kong-1974 — Page 121

to continue in office until

retiring

age or

Expiration of a

fixed

term

without the

sucurity

17f It seems clearly desirable to amend Colonial Regulations

to make it quite plain that the various disciplinary provisions

at for administrative officers but not appropriate to judicial

officers have no application to judges and magistrates.

Section 8(2) of the Pensions Ordinance seems inappropriate for

magistrates as well as for judges, who are excepted from it.

18. It is perhaps also worth considering whether magistrates,

as well as District Judges, could be given a statutory security

of tenure. It is appreciated that many serve on contract for

relatively short periods, but any steps that could reasonably be

taken, either by appointment till a fixed retiring age or for

fixed terms (subject to removal only for inability or misconduct

after due enquiry), to give magistrates security of tenure and to

remove any impression that they are subject to dismissal upon

notice without cause assigned or employed on short terms subject

to removal at discretion, would be welcome. Even if the

magistrate does not wish to commit himself for more than a short

term, he could still be given the right,for a fresh or renewed

contract.

16.

Another step that might enhance the independence of the

judiciary would be the establishment of a Judicial Service

Commission to advise on the appointment of Magistrates and

District Judges, consisting possibly of the Chief Justice,

another Supreme Court Judge, the chairman of the Public Services

Commission and a retired judge.

3. The provision for additional shorthand writers is to be

welcomed and it is to be hoped that if a sufficient number cannot

be recruited, early progress can be made with the mechanical

recording of evidence in the District Court.

(17865) Dd.145178 400m 5/73 G.W.B.Ltd. Gp.863

/15.