TNAG-0499-FCO40-564-Administration-of-justice-in-Hong-Kong-1974 — Page 166

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

CONFIDENTIAL

(B) RETIRING AGE. THIS QUESTION WILL BE EXAMINED FURTHER, BUT THERE SEEMS TO BE NO GOOD REASON FOR ANY CHANGE IN THE PRESENT POSITION.

(C) CONTRACT APPOINTMENTS. NO PUISNE JUDGE OR DISTRICT JUDGE (WITH THE EXCEPTION OF TWO RECENT APPOINTEES FROM THE BAR WHO ASKED TO BE ENGAGED ON CONTRACT) ARE SERVING ON CONTRACT.

MANY MAGISTRATES ARE ON CONTRACT BECAUSE WE ARE UNABLE TO .RECRUIT

SUFFICIENT EXPATRIATE LAWYERS INTO THE PERMANENT SERVICE.

AS YOU KNOW, DESPITE THE LOCALISATION POLICY, WE ARE STILL HEAVILY

DEPENDENT IN THE LEGAL FIELD ON EXPATRIATES.

(D) PENSIONS. IT IS, OF COURSE, TRUE THAT THERE IS NO SPECIAL PENSION PROVISION FOR QUOTE LATE ENTRANTS UNQUOTE TO THE BENCH.

THIS HAS NOT BEEN A PROBLEM UNTIL NOW. THE MATTER IS BEING EXAMINED.

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E) PAY AND LEAVE ENTITLEMENT EXPATRIATES AND LOCAL OFFICERS. IT IS CORRECT THAT EXPATRIATES HAVE A HIGHER EARNING RATE FOR LEAVE. THIS IS TO ALLOW THEM TO RENEW CONTACTS OVERSEAS, PARTICULARLY

IN THE COUNTRY THAT IS THEIR HOME AND TO WHICH THEY WILL CO

ON RETIREMENT. LOCAL OFFICERS SERVING IN OVERSEAS OFFICES ENJOY

THE SAME LEAVE EARNING RATE AS OVERSEAS OFFICERS SERVING IN HONG

KONG. THE POLICY ADOPTED FOLLOWS THE VIEWS EXPRESSED IN PARAGRAPH 259 OF THE REPORT OF THE 1971 SALARIES COMMISSION. THE SALARIES OF EXPATRIATES AND LOCAL OFFICERS ARE THE SAME.

12. STYLE OF ADDRESS OF DISTRICT JUDGES, THIS MATTER HAS BEEN

RAISED WITH YOU BY THE CHIEF JUSTICE.

13. STATE OF BUSINESS IN THE COURTS, THE ATTORNEY GENERAL IS SENDING UNDER COVER OF A LETTER TO STUART A FULL STATEMENT OF THE POSITION

PREPARED BY THE REGISTRAR,

SUPREME COURT. IT SHOWS A SATISFACTORY STATE OF AFFAIRS,

14. MANDATORY SENTENCES. THE ONE CASE IN. WHICH A MANDATORY SENTENCE HAS BEEN INTRODUCED (POSSESSION OF AN OFFENSIVE WEAPON IN PUBLIC) WAS A SPECIAL ONE AND WAS INTRODUCED AFTER HEAVY PUBLIC PRESSURE FOR IT. THE CHIEF JUSTICE AND THE ATTORNEY GENERAL ARE VIGOROUSLY OPPOSED TO MANDATORY SENTENCES IN PRINCIPLE. I MUST, HOWEVER,

TELL YOU THAT THERE IS POWERFUL SUPPORT FROM UNOFFICIALS FOR FURTHER MANDATORY SENTENCES (E.G. IN DRUG CASES),

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CONFIDENTIAL

lis. INCREASED

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