DSR 11C
W1107
AMENDMENTS TO HONG KONG 1917 LETTERS PATENT: AGES OF SUPREME COURT AND DISTRICT JUDGES
RETIREMENT
1. In their Saving telegram No 131, Hong Kong proposed
an amendment to the Hong Kong Letters Patent 1917, as
amended. The proposed amendment covered three new
provisions:
(a) to fix the retirement age of Supreme Court Judges
at 65;
(b) to allow the retirement age of individual District Judges to be extheded from 60 up to 65 in order to stimulate recruitment among competent members of the local Bar for whom retirement at 60 would be unattract-
ive;
(c) to make it clear that retirement leave could be taken
by a judge after retirement age had been attained. The proposed new provisions were supported by the Attorney- General, and the Chief Justice had confirmed that the
Chairman of the Bar Association and the President of the
Law Society were also in favour.
Standardised Retiring Age
2. Mr Rushford welcomed a retirement age of 65 in
principle but considered that the retiring age not only for Supreme Court but also for District Judges should be fixed at 65. He commented that it was undesirable in principle to make special provision (as in Article XVI A (2)(b)) for extending the retirement age of individual District Judges on a selective basis. Such a provision would appear as a reflection on the calibre of individual judges, and imply that, although all had been serving as District Judges for substantial periods, only those invited by the Governor to extend their terms were in
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