TNAG-1589-FCO40-21741-Future-of-the-judiciary-in-Hong-Kong.-Part-1-of-2-1987 — Page 232

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TELNO 1172

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YOUR TELNO 1542: THE JUDICIARY

HUA 373/3

EVAD IN AKSINY

27 APR 1987

1. WE HAVE THE FOLLOWING COMMENTS ON YOUR PROPOSALS AT OFFICIAL

LEVEL:

A)

B)

PARA 2: WE ASSUME QUOTE JUDICIAL OFFICERS UNQUOTE MEANS SUPREME COURT AND DISTRICT COURT JUDGES. WE AGREE WITH YOUR

PROPOSAL TO RETIRE EXISTING DISTRICT COURT JUDGES AT 60 IN

ORDER TO MAKE WAY FOR LOCAL CANDIDATES THOUGH, IN VIEW OF YOUR PROPOSAL TO RETAIN NEWLY APPOINTED LOCAL CANDIDATES UNTIL 65, WE WILL BE INTERESTED TO LEARN OF THE MACHINERY FOR ACHIEVING THIS. WE ASSUME THE LATTER PROPOSAL REFLECTS THE

THOUGHT THAT A DISTRICT COURT JUDGE, EVEN IF NOT SUITED FOR PROMOTION TO THE SUPREME COURT, MAY NEVERTHELESS BE PERFECTLY

CAPABLE OF CONTINUING TO FUNCTION AT THAT LEVEL AFTER HE AS

ATTAINED 60. WE HAVE SOME DOUBTS ABOUT THE DESIRABILITY OF MAKING PROVISION FOR EXTENSION BEYOND 65 WHETHER AT SUPREME

COURT OR DISTRICT LEVEL. WOULD IT BE POSSIBLE TO BUILD IN A

REQUIREMENT FOR RECOMMENDATION FOR EXTENSION BY THE JSC?

PARA 3(A): THIS IS CONSISTENT WITH JD.63 THOUGH PERHAPS A

LITTLE SHORT ON QUOTE OTHER EMINENT PERSONS UNQUOTE.

C) PARA 3(B): HAVE YOU CONSIDERED A QUALIFIED MAJORITY EG

THREE-QUARTERS. TWO-THIRDS ONE MORE THAN A BARE MAJORITY OF

ALL THE MEMBERS? IT WOULD BE DESIRABLE THAT APPOINTEES,

AT

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