TNAG-1466-FCO40-1993-Visits-by-Sir-Edward-Youde--Governor-of-Hong-Kong--to-the-UK-1986 — Page 60

NR7AHC

CONFIDENTIAL

FUTURE OF THE JUDICIARY (PAPER SUPPLIED BY THE GOVERNOR OF HONG

KONG)

PRESENT SITUATION

1.

There are only 5

are local.

The

The Judiciary is almost entirely expatriate.

local judges out of 32 in the Supreme Court, 6 out of 32 in the

District Court, and only 9 of the 53 magistrates proposals outlined in the following paragraphs may help to improve

the balance between local and expatriate somewhat. But neither I

nor the Chief Justice believe it is

realistic to aim at anything

more than a 50-50 balance between the two by 1997. Given the small

numbers of local judges now, and the restricted size of

the snior

local bar even that ratio is unlikely

are to be maintained. We

should inform the Chinese

situation.

to be achieved i f standards

should therefore consider whether we

ab ou t the present and likely future

RETIREMENT AGES

2.

Present

retirement ages are 55 for magistrates (although extensions can be given to 65), 60 for District Court judges (with extensions possible to 65), and 65 for Supreme Court judges (the Letters Patent also make provision for the appointment of a suitable person, of any age, as Supreme Court judge for up to 5 years).

3.

ages

I propose in principle that retirement that retirement

for new appointees to the judiciary should be set at 60 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 arrangments for extensions which are invidious and

unsatisfactory.

4.

all

there will be complaints from

The controversy will

existing judges should also be extended.

the

arise about whether

the age limits

If we do not do SO

judiciary, cries of

for

CONFIDENTIAL

C

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