5. WIN THE CASE OF MEMBERS OF THE JUDICIARY OTHER THAN JUDGES, FURTHER MEASURES WILL BE TAKEN TO IMPROVE CAREER SECURITY. AT PRESENT JUDGES MAY ONLY BE REMOVED FROM OFFACE ON RECOMMENDATHON OF A TRIBUNAL OF OTHER JUDGES. SECTION OF ANNEX MI OF THE JOINT DECLARATION PROVIDES FOR SIMILAR PROTECTION AGAINST REMOVAL FROM OFFÈNCE AFTER 1997. CONSIDER THAT THIS PROTECTION SHOULD BE EXTENDED TO MAGISTRATES AND OTHER MEMBERS OF THE JUDICHARY WHO ALSO PERFORM JUDINCHAL
FUNCTIONS.
HONG KONG GOVERNMENT, THEREFOR, PLANS TO PROVIDE THAT MEMBERS OF THE JUDICHIARY OTHER THAN JUDGES SHOULD ONLY BE REMOVED FROM OFFICE ON RECOMMENDATION OF A TRIBUNAL APPOINTED BY CHIEF JUSTICE FROM AMONG OTHER MEMBERS OF THE JUD #CHARY.
6. THE THIRD AREA OF CHANGE RELATES TO PENSIONS. MEMBERS OF THE JUDAICHARY ARE APPOINTED MUCH LATER MIN LIFE THAN THE AVERAGE CHIV+HL. SERVANT: USUALLY UN 40S OR 50S. BECAUSE OF THIS THEY ARE UNABLE TO EARN A FULL PENSION OF TWO-THIRDS SALARY, OR EVEN CLOSE TO VALUE OF SUCH A PENSHON BEFORE RETIREMENT AGE UNDER NORMAL CHIRCUMSTANCES. HONG KONG GOVERNMENT THEREFORE PROPOSES THAT FOR SERVICE OVER THE AGE OF 50 MEMBERS OF THE JUDICIARY SHOULD EARN PENSION AT DOUBLE NORMAL RATE UNDER NEW PENSION SCHEME. NEW PENSION ARRANGEMENTS WOULD BE EFFECTIVE FROM A CURRENT DATE.
7. IN ADDITION TO THESE MEASURES HONG KONG GOVERNMENT PLANS TO EXPAND JUDINCIAL SERVICE COMMISSION AND STRENGTHEN ADMINISTRATION OF JUDHICHARY AN ORDER TO PROVIDE IMPROVED MANAGEMENT OF THE JUDHCHARY.
8. FOREGONG IS AN OUTLINE OF HONG KONG GOVERNMENT'S PLANS FOR THE JUDAICHARY. THESE WERE GIVEN IN MUCH MORE DETAIL IN THE PAPER HANDED TO CHINESE SADE ONE 29 MAY. THE BRAITMISH SIDE HOPES THAT THE NEW ARRANGEMENTS WHILL SUCCEED IN ATTRACTING LOCAL LAWYERS WITH THE APPROPRIATE QUALITIES TO JOHN THE JUDINCMARY. IT BELIEVES THAT THE NEW ARRANGEMENTS WILL ASSIST IN ENSURING THE CONTINUITY OF A JUDICHARY OF HIGH CALMBRE AND AS CONSEQUENCEY HIN MARINTAHININ G STABILITY AND PRESERVING CONFIDENCE. THE BRIMTAISH SIDE WOULD, HOWEVER, WELCOME CHINESE SHIDE'S VIEW ON HONG KONG GOVERNMENT'S PLANS AND SUGGESTS THAT ANY QUESTIONS OF DETAIL MIGHT BE USEFULLY EXPLAINED HIN AN EARLY MEETHING BETWEEN EXPERTS.
DEFENSANE QUESTIONS AND ANSWERS BRIEF
01. DOES THE BRITISH SADE CONSIDER THAT THE NEW ARRANGEMENTS FOR THE JUDICIARY WILL BE SUCCESSFUL AM ATTRACTING LOCAL LAWYERS TO THE JUDICIARY?
A1. HIT HIS BELNEVED THAT THEY WILL HELP1 IN THE SHORT TERM TO A LIMITED EXTENT BUT MORE SO AS THE POOL OF EXPERIENCED LOCAL LAWYERS
NCREASES.
02. MELL THE PROPOSALS FOR THE JUDICIARY HAVE REPERCUSSIONS ON THE CHIVAL SERVICE?
Confidential
/A2.
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