TNAG-0499-FCO40-564-Administration-of-justice-in-Hong-Kong-1974 — Page 22

"Appli- cation

to Judi- ciary.

president of the hands

Tribunal

L

belio lol off

[HK saving

1975 refers]

[Ak telao 879 of 1975 refers]

9.

3.

5

(1) Nothing in these regulations shall apply to a judge of the Supreme Court or the District Court.

(2) In their application to the Registrar, Deputy Registrar or an Assistant Registrar of the Supreme Court, a president of a Tenancy Tribunal, La presiding officer of the Labour Tribunal or a magistrate, these regulations shall be read as if

(a) the reference in regulations

7(2) and 8(3) to the Governor were references to the Chief Justice;

(b) an Investigating Officer or an

Investigating Committee shall

be appointed under regulation 85 by the Chief Justice;

(c) an Investigating Officer shall

be a judge of the Supreme Court; and

(a) an Investigating Committee

shall normally include one or more Supreme Court judges or persons who have held high judicial office in some Common- wealth country.".

The changes are partly consequential on the proposed provision for removal of District Judges from office. They also bring within the scope of regulation 3 the Registrars of the Supreme Court, the presidents of the Tenancy Tribunal and the presiding officers of the Labour Tribunal. It is thought that the Registrars and the presidents of the Tenancy Tribunal were originally omitted by oversight, and the office of presiding officer of the Labour Tribunal is a new one.

10.

We shall be grateful for your comments on these proposals and on the Judicial Service Commission Bill sent you under cover of the Attorney General's letter of 26th July.

to

FILES

LEGAL ADVISERS

HKIOD

SIR D WATSON

MK WILFORD