TNAG-0931-FCO40-1149-Capital-punishment-in-the-Dependent-Territories-1980 — Page 23

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DSR 11C

given the accrued leave, he would continue to earn pension

for service after the retirement date. Hong Kong's

proposal is out of line with the provisions made for

other dependent territories past and present. This is not

to say that a judge does not sometimes stay on irrespective

of earned leave to finish a case, but that is catered for

separately.

5. But if Hong Kong wished to make provision for the lump

sum on retirement or for earning extra pension during

retirement, the FCO would not object.

Provision could be

made in local law or estàlishment regulations, and need not

feature in Letters Patent.

6. Hong Kong's further comments should be considered

in the FCO in consultation with the legal advisers

particularly that on extension of District Judges' terms

of office.

7. The Attorney-General or the Chief Justice may have

embarrassed themselves by airing their proposals among

unofficials before consulting us. It is important that

constitutional proposals by the Governor and his officials

(including his Attorney-General) should be cleared with us

before they are spread around. The Governor or the

Attorney-General may of course consult the Chief Justice

but should not commit himself in advance of our clearance

either to the Chief Justice or to representatives of the

professions.'

89280 Dd 532113 200M 2/79 S1S