4.16
USE OF CHINESE LANGUAGE IN COURTS '
THE INTENTION TO MAINTAIN THE PRESENT JUDICIAL
SYSTEM IN THE HONG KONG SAR WAS WELL RECEIVED. THE CHIEF
JUSTICE STATED IN A LETTER TO THE OFFICE THAT THE MAJORITY
OF JUDGES OF THE SUPREME COURT ** WELCOME SECTION LIL OF
ANNEX I AS PROVIDING A SATISFACTORY FRAMEWORK WITHIN WHICH THE JUDICIARY CAN CONTINUE TO OPERATE AFTER 1997. WHILST SATISFIED WITH THIS PROVISION, SOME URGED THAT THE COURT OF
FINAL APPEAL BE SET UP IN HONG KONG BEFORE 1997.
4.17
OTHER POINTS MADE WERE :
THE APPOINTMENT OF ALL JUDGES BY THE CHIEF
EXECUTIVE, WHO IN TURN WOULD BE APPOINTED BY THE
CPG SHOULD NOT BE ALLOWED TO UNDERMINE THE PRESENT INDEPENDENCE OF THE JUDICIARY OR SUBJECT
THE COURTS TO UNDUE INFLUENCE:
WHETHER OR NOT JUDGES FROM OTHER COMMON LAW
JURISDICTIONS WOULD ALSO BE RECRUITED OR INVITED
TO JOIN THE MAGISTRACIES, DISTRICT AND SUPREME
COURTS SHOULD BE CLARIFIED:
GREATER USE SHOULD BE MADE OF THE CHINESE
LANGUAGE IN LEGAL PROCEEDINGS, ALTHOUGH THERE
WERE OTHERS WHO EXPRESSED CONCERN ABOUT THE
DIFFICULTIES INVOLVED: AND
MORE JUDGES OF CHINESE DESCENT SHOULD BE
APPOINTED TO THE COURTS. THIS COULD BE ACHIEVED
BY PROVIDING TRAINING ON PROFICIENCY IN CHINESE,
IMPROVING EMPLOYMENT TERMS AND THE OFFERING OF CAREER OPPORTUNITIES IN THE HIGHER COURTS TO
LOCAL LAWYERS.
SECTION IV PUBLIC SERVICE
4.18
THIS SECTION HAS BEEN EXTENSIVELY DISCUSSED
THROUGHOUT THE WHOLE OF THE CIVIL SERVICE AND AT ALL
CONSULTATIVE LEVELS, INCLUDING THE SENIOR CIVIL SERVICE
COUNCIL, THE POLICE FORCE COUNCIL, THE MODEL SCALE I STAFF
CONSULTATIVE COUNCIL, DEPARTMENTAL CONSULTATIVE COMMITTEES,
OR AT SPECIAL MEETINGS IN 56 DEPARTMENTS. 44 STAFF
ASSOCIATIONS HAVE ALSO SUBMITTED THEIR VIEWS. ITS
PROVISIONS WERE FOUND TO BE GENERALLY ACCEPTABLE AND
COMMENTS HAVE FOCUSSED ON :
PAYMENT OF PENSIONS
EMPLOYMENT OF FOREIGN NATIONALS
PROTECTION AND SAFEGUARDS FOR OFFICERS
OCCUPYING SENSITIVE POSTS AFTER 1997
SECRET-3
14.19.
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