ASESORISTRERENCE GRENADA LAGFÜHRSESELANGGOTALIAN
A2. YES. CHVAL SERVANTS GENERALLY, PARTICULARLY PROFESSIONALS, WILL TRY TO HAVE THE MPROVED PENSION ARRANGEMENTS FOR MEMBERS OF THE JUDNICHMARY EXTENDED TO THEM. ALSO, THE POLICE, WHO HAVE BEEN PRESSING FOR A SEPARATE PAY SCALE FOR SOME YEARS, WILL USE THE CREATION OF A SEPARATE PAY SCALE FOR MEMBERS OF THE JUDICIARY TO FURTHER THEIR OWN CLAIMS. HOWEVER, NO CIVIL SERVANTS CAN LEGITIMATELY COMPARE THEMSELV- ES WITH MEMBERS OF THE JUDICIARY, WHO ARE GENERALLY RECOGNISED AS SEPARATE FROM THE CAVIL SERVICE.
Z
03. WALL THE NEW ARRANGEMENTS AFFECT THE POSITION OF THE JUDICĦARY WITHIN THE HONG KONG GOVERNMENT STRUCTURE?
A3. NO. THE JUDĦICMARY'S RELATIONSHIP WHITH THE HONG KONG GOVERNMENT WILL REMAIN UNCHANGED.
04. ON WHAT ARE THE ESTIMATED PENSION COSTS BASED?
A4. THE ESTIMATED PENSHON COSTS ASSUME THAT ALL MEMBERS OF THE JUDAICHARY WILL OPT FOR THE NEW PENSION ARRANGEMENT AND SERVE UNTAL REACHING THE REVISED RETIREMENT AGE OF 65.
05. WILL THE DIFFERENT RET WREMENT AGES FOR SERVING AND NEW DESTRUCT COURT JUDGES CAUSE PROBLEMS WITH-IN THE JUDNC MARY?
A5. IT IS FELT THAT DISTRICT COURT JUDGES WILL UNDERSTAND THE REASONS FOR THMS ARRANGEMENT.
06. ARE YOU STRETCHING THE MEANING OF ''THE JUDICIARY' BY EXTENDING TO MAGISTRATES ETC. THE PROTECTION AFFORDED TO ''JUDGES'' IN SECTION *# OF ANNEX # TO THE JD (JD65)?
A6. NO. MAGISTRATES ETC. (4.E. MAGISTRATES, REGISTRARS MEMBER OF LAND TRIBUNAL, ADJUDICATORS, PRESЯIDHING OFFICERS AND CORONERS) ARE ALSO MEMBERS OF THE JUDINCIMARY WHO EXERCISE FUNCTIONS IN CERTAIN CLEARLY DEFINED AREAS IN THE NORMAL WAY. (FOR EXAMPLE, MAGNSTRATES CONDUCT LESS SERIOUS CRIMINAL TRIALS: REGISTRARS PERFORM SOME OF THE FUNCTIONS OF JUDGES BUT USUALLY OTHER THAN AN OPEN COURT AND ADJUDICATORS SMALL CLAIMS TRIBUNALY HEAR MANOR CANAL DISPUTES).
ENDS
2. AS REGARDS THE QUERY IN PARA 1B OF TUR THE 1ST JANUARY 1987 #S CORRECT AND AS AGREED BY EXCO. THE DATE WAS SELECTED TO ENSURE THAT OUR RECENTLY RECRUITED LOCAL DISTRICT COURT JUDGES BENEFITTED FROM THE HIGHER RETIREMENT AGE.
WILSON
HMLNAN 4646
HONG KONG AGREEMENT: RESTRICTED
LIMITED
HD/HKD
HD/FED
RESEARCH DEPT.(FE)
DEP/HD PUSD
PS/LORD GLENARTHUR
MR MC LAREN MR GILLMORE
COPIES TO:
MR FIFOOT, LEGAL ADVISERS
Confidential
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