TNAG-1466-FCO40-1993-Visits-by-Sir-Edward-Youde--Governor-of-Hong-Kong--to-the-UK-1986 — Page 53

DICIAL SERVICES COMMISSION

3. THERE IS ALSO THE QUESTION OF THE COMPOSITION OF THE JUDICIAL SERVICE COMMISSION (JSC). THE PRESENT MEMBERSHIP FITS THE

་་

INDEPENDENT COMMISSION FORESEEN IN THE JOINT DECLAPATION. THE CHIEF JUSTICE IS ANXIOUS TO INCREASE THE NUMBER OF JUDGES ON THE JSC IN ORDER TO CREATE A MAJORITY OF JUDGES ON THE COMMISSION. HE WOULD LIKE TO SEE THE ATTORNEY GENERAL PEMOVED ON THE BASIS THAT HE IS A MEMBER OF THE EXECUTIVE WHICH IS IMPROPER NOW, AND COULD MAKE INTERFERENCE IN THE APPOINTMENT OF JUDGES THAT MUCH EASIER AFTER 1997. I DO NOT SUPPORT EITHER OF THESE PROPOSALS. TO ESTABLISH A MAJORITY OF JUDGES ON THE COMMISSION WOULD CHANGE ITS CHARACTER FUNDAMENTALLY AND I DO NOT THINK THAT THE REMOVAL OF THE AG FROM THE JSC AFTER 1997 WOULD INHIBIT EXECUTIVE INTERFERENCE IF THE SAP GOVERNMENT WEPE INTENT ON IT. THE JSC SECRETARIAT IS PRESENTLY PROVIDED BY THE PEGISTRAR'S OFFICE, BUT I WOULD LIKE TO SEE IT STRENGTHENED DY THE ADDITION OF SOME ADMINISTRATORS.

CTHEP "EASURES TO IMPROVE LOCALISATION

9. WE ARE PRESENTLY CONSIDERING A VARIETY OF SCHEMES TO IMPROVE THE SUPPLY OF LOCAL JUDICIAL OFFICEPS, E.G. A SCHEME WHEREBY TRAINEE JUDICIAL OFFICERS WOULD ENTER THE VAGISTRACY FROM

UNIVERSITY AND UNDERTAKE 4 YEARS TRAINING: WHETHER WE COULD ALLOW

SELECTED APPOINTEES TO PETURN TO THE PRIVATE SECTOR AFTER A PERIOD IN THE JUDICIAPY (ON THE SINGAPORE AND UNITED STATES MODEL): AND SPECIAL SELECTION AND DETTEP TRAINING THROUGH OVERSEAS STUDIES

OF SENIOR MAGISTRATES AND SENIOR DISTRICT COURT JUDGES.

10. I HAVE DISCUSSED THESE SUGGESTIONS WITH THE CHIEF JUSTICE.

HIS VIEWS AND MIME ARE GENERALLY IN ACCORD EXCEPT ON THE JSC, AND ON BUNCHING'', WHICH HE SEES AS LESS OF A PROBLEM THAN 20.

!

11. MY AIM IS NOT TO COMMIT THE SECRETARY OF STATE TO DECISIONS: BUT TO WARN HIM OF THE CONTROVERSIAL ISSUES: AND GET HIS AGREEMENT TO MY DRAWING UP WITH THE CHIEF JUSTICE A STRUCTURAL PLAN FOR THE FUTURE OF THE JUDICIARY WHICH WOULD ADDRESS ALL THE ISSUES SET OUT ABOVE.

YOURE

YYYY

HMLNAN 1472

MANN