CONFIDENTIAL
"Administrative
Interference",
etc.
But to do SO would involve
extensions for some who are not as competent as they might be.
There could also be a severe problem of "bunching" in the District
and High Courts. A "worst case" could arise in which 29 members of the seni judiciary would need to be replaced within 2 or 3 years in the sensitive period beyond 1990. Flexibility in dealing with
extensions could overcome this problem provided we can recruit
qualified local candidates within the next 5 - 10 years.
5.
"
I would therefore like to see the new retirement ages
applicable 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 steadier flow of vacancies which could be filled by new appointees committed to staying on through 1997.
PENSION PLANS
6.
I am in principle in favour of greater security of tensure and
a new pension arrangement for the judiciary roughtly on the UK model
to give a half or two thirds
completion of 15 years service.
join at 45 to 50 and earn a full
quite an attraction to local lawyers. We are considering such a
It will be unpopular with the rest of the Civil Service (because of the higher pension earning rate): and will
pension on retirement subject to
This would enable local judges to pension at 60 to 65 and might prove
scheme in greater detail.
need discussion with the Chinese.
JUDICIAL SERVICES COMMISSION
7.
There is also the question of the composition of the Judicial
Services Commission (JSC).
The
present membership fits the
the Joint Declarations.
"independent commission" foreseen in
The
Chief Justice is anxious to increase the number of judges on the JSC
in order to create a majority of judges on
majority of judges on the commission. He would
like to see the Attorney General removed on the basis that he is "A
member of the Executive" which is "improper" now, and could
mak e
CONFIDENTIAL
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