TNAG-1466-FCO40-1993-Visits-by-Sir-Edward-Youde--Governor-of-Hong-Kong--to-the-UK-1986 — Page 52

RETIREMENT AGES

2. PRESENT RETIREMENT AGES ARE 55 FOR MAGISTRATES (ALTHOUGH EXTENSIONS CAN BE GIVEN TO 65), 50 FOR DISTRICT COURT JUDGES (WITH EXTENSIONS POSSIBLE TO 65), AND 65 FOR SUPPEME COURT JUDGES (THE LETTERS PATENT ALSO MAKE PROVISION FOP THE APPOINTMENT OF A SUITABLE FEPSON, OF ANY AGE, AS SUPREME COURT JUDGE FOP UP TO 5 YEARS.)

4. 1 PROPOSE IN PRINCIPLE THAT PETIPEMENT AGES FOR (NEXT WORD UNDERLINED) NEW APPOINTEES TO THE JUDICIARY SHOULD PE SET AT 50

FOR MAGISTRATES, 65 FOR DISTRICT COURT JUDGES, AND 68 FOR SUPREME COURT JUDGES. THIS WOULD ALLOW US TO DO AWAY IN FUTURE WITH THE PRESENT DISCRETIONARY APRANGEMENTS FOR EXTENSIONS WHICH ARE

INVIDIOUS AND UNSATISFACTORY.

་,

5. THE CONTROVERSY WILL APISE ABOUT WHETHER THE AGE LIMITS FOR ALL

(NEXT WORD UNDERLINED) EXISTING JUDGES SHOULD ALSO BE EXTENDED. IF WE DO NOT DO SO THERE WILL BE COMPLAINTS FROM THE JUDICIARY, CRIES OF ADMINISTRATIVE INTERFERENCE, ETC. BUT TO DO SO WOULD INVOLVE EXTENSIONS FOR SONE WHO ARE NOT AS COMPETENT AS THEY MIGHT

RE. THERE COULD ALSO BE A SEVEPE PPOBLEM OF BUNCHING IN THE

DISTRICT AND HIGH COURTS. A WORST CASE COULD ARISE IN WHICH 29 MEMPERS OF THE SENIOR JUDICIARY WOULD NEED TO TE REPLACED WITHIN

2 OR 3 YEARS IN THE SENSITIVE PERIOS BEYOND 1990. FLEXIBILITY *N DEALING WITH EXTENSIONS COULD OVERCOME THIS PROBLE" PROVIDED WE

CAN PECPUIT QUALIFIED LOCAL CANDIDATES WITHIN THE NEXT 5 TO 10

YEAPS.

6. WOULD THEREFORE LIKE TO SEE THE NEW RETIREMENT AGES

APPLICASLE TO NEW APPOINTEES ONLY, WITH FLEXIBILITY RETAINED FOR

EXTENSIONS FOR EXISTING MAGISTRATES AND JUDGES. THIS WOULD ENABLE

US NOT TO EXTEND THOSE WHO ARE LESS EFFICIENT, AND MAINTAIN A

STEADIEP FLOW OF VACANCIES WHICH COULD BE FILLED BY NEW APPOINTEES

COMMITTED TO STAYING ON THROUGH 1307.

PENSION PLANS

7. I AM IN PRINCIPLE IN FAVOUR OF GREATER SECUPITY OF TENURE AND A

NEW PENSION ARRANGEMENT FOP THE JUDICIARY ROUGHLY ON THE UK MODEL

TO GIVE A HALF OR TWO THIRDS PENSION ON RETIREMENT SUBJECT TO

COMPLETION OF 15 YEARS SERVICE. THIS MOULD ENAPLE LOCAL JUDGES

TO JOIN AT 45 TO 50 AND EAPH A FULL PENSION AT 60-55 AND MIGHT

PROVE QUITE AN ATTRACTION TO LOCAL LAWYERS. WE APE CONSIDERING SUCH

A SCHEME IN GREATER DETAIL. IT WILL BE UNPOPULAR WITH THE REST OF

THE CIVIL SERVICE (BECAUSE OF THE HIGHER PENSION EARNING PATE):

AND WILL NEED DISCUSSION WITH THE CHINESE.

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