TNAG-0499-FCO40-564-Administration-of-justice-in-Hong-Kong-1974 — Page 98

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

CONFIDENTIAL

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 short term, he could still be given the right to continue in office until the retiring age or expiration of a fixed term without the necessity 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 Cormission 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.

CONFIDENTIAL

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