TNAG-1589-FCO40-21741-Future-of-the-judiciary-in-Hong-Kong.-Part-1-of-2-1987 — Page 235

(A) COMPOSITION OF THE JUDICIAL SERVICE COMMISSION. AT PRESENT

THE JSC CONSISTS OF THE CHIEF JUSTICE AS CHAIRMAN, THE ATTORNEY GENERAL, THE CHAIRMAN, PUBLIC SERVICE COMMISSION, ONE JUDGE AND REPRESENTATIVES OF THE BAR AND LAW SOCIETY. THE JUDICIARY CONSIDERS THAT THIS DOES NOT PROVIDE A FAIR BALANCE BECAUSE MEMBERS FROM GROUPS

WHICH MAY BE IN CONFLICT WITH JUDICIAL OFFICERS OUTNUMBERED THE

JUDICIAL OFFICERS IN THE JSC. IT IS THEREFORE PROPOSED THAT THE

JSC SHOULD IN FUTURE BE COMPOSED OF 3 MEMBERS OF THE JUDICIARY INCLUDING THE CHIEF JUSTICE AS CHAIRMAN, 3 MEMBERS OF THE LEGAL

PROFESSION INCLUDING THE ATTORNEY GENERAL, 2 LAY MEMBERS

INCLUDING THE CHAIRMAN, PUBLIC SERVICE COMMISSION.

(B) JUDICIAL SERVICE COMMISSION PROCEDURE. AT PRESENT THE JSC'S DECISION MUST BE UNAMIMOUS. THIS CAUSES PROBLEMS AND IT IS PROPOSED TO INTRODUCE ARRANGEMENTS UNDER WHICH DECISIONS ARE BY A SIMPLE

MAJORITY.

(C) APPOINTMENTS AND PROMOTIONS. APPOINTMENTS AND PROMOTIONS

OF JUDICIAL OFFICERS ARE MADE ON THE ADVICE OF THE JSC BUT ARE

PROCESSED BY CIVIL SERVICE BRANCH. IT IS PROPOSED THAT IN FUTURE THE JUDICIARY ITSELF SHOULD PROCESS APPOINTMENTS AND PROMOTIONS OF

JUDICIAL OFFICERS 1.E. MAKE RECOMMENDATIONS TO THE GOVERNOR AND

TO THE SECRETARY OF STATE AS APPROPRIATE.

(D) SECURITY OF TENURE. IT IS PROPOSED TO EXTEND THE SECURITY

OF TENURE OF JUDGES TO OTHERS JUDICIAL OFFICERS TO THE EXTENT OF

PROVIDING THAT THEY CAN ONLY BE REMOVED ON THE RECOMMENDATION OF

A TRIBUNAL OF JUDICIAL OFFICERS APPOINTED BY THE CHIEF JUSTICE.

(E) SALARIES. IT IS CONSIDERED THAT THE SALARIES OF JUDICIAL

OFFICERS SHOULD BE DIVORCED FORM THOSE OF THE CIVIL SERVICE. IT IS

THEREFORE PROPOSED THAT THERE SHOULD BE A SINGLE JUDICIAL SCALE

COVERING ALL JUDICIAL OFFICERS WHICH SHOULD BE PUBLISHED SEPARAT-

ELY IN A DOCUMENT ISSUED BY THE JUDICIARY ITSELF. IT ADDITION, IT

IS PROPOSED THAT THE LEVEL OF SALARIES FOR ALL JUDICIAL OFFICERS

SHOULD BE DETERMINED BY THE STANDING COMMITTEE ON DIRECTORATE

SALARIES AND CONDITIONS OF SERVICE BUT SITTING AS A STANDING

COMMITTEE ON JUDICIAL SALARIES AND CONDITIONS OF SERVICE. THIS

COMMITTEE COULD THEN CONSIDER THE JUDICIARY'S REQUEST FOR SALARIES

OF JUDICIAL OFFICERS TO BE DETERMINED ON A PERCENTAGE BASIS.

(F) CONDITIONS OF SERVICE. AS IN THE CASE OF SALARIES IT IS

PROPOSED THAT CONDITIONS OF SERVICE FOR ALL JUDICIAL OFFICERS

SHOULD BE DEALT WITH BY A STANDING COMMITTEE ON JUDICIAL SALARIES AND CONDITIONS OF SERVICE.

CONFIDENTIAL

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