TNAG-1589-FCO40-21741-Future-of-the-judiciary-in-Hong-Kong.-Part-1-of-2-1987 — Page 36

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TELNO 2333

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YOUR TELNO 1503 : JLG VN: FUTURE ARRANGEMENTS FOR THE JUDICIARY

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THE DRAFT SPEAKHING NOTE AND DEFENSOWE MATERIAL ON THE JUDICIARY ARE AS FOLLOWS. GRATEFUL FOR ANY COMMENTS YOU AND

PEKING MAY HAVE.

BEGINS

SPEAKING NOTE ON THE JUDICIARY

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17 JUN 1987

ON 29 MAY, THROUGH DIPLOMATIC CHANNELS, BRITISH SIDE ADVISED

CHINESE SIDE OF HONG KONG GOVERNMENT'S PLANS TO IMPROVE TERMS OF

EMPLOYMENT FOR MEMBERS OF THE JUDNC MARY AND HANDED OVER A PAPER ON

THE SUBJECT. AT PRESENT THE JUDICIARY IS PREDOMINANTLY EXPATRIATE

AND IN MAKMING CHANGES HONG KONG GOVERNMENT'S AHM HIS TO CREATE

CLIMATE IN WHICH MORE LOCAL LAWYERS OF HIGH STANDING WILL BE

ATTRACTED TO SERVE AS JUDGES AND MAGISTRATES. PLANS TAKE ACCOUNT

OF SOME OF THE MAIN REASONS GIVEN BY LOCAL LAWYERS FOR NOT JOINING

THE JUDINCHARY.

CHANGES ARE PLANNED IN THREE AREAS. FIRST, TERMS OF EMPLOYMENT OF MEMBERS OF THE JUDICHHARY WILL BE SEPARATED FROM

THOSE OF CORVIL SERVICE. THIS HIS TO ENABLE MATTERS CONCERNING

MEMBERS OF THE JUDICIARY TO BE PROCESSED WITHIN THE JUDICIARY RATHER THAN THROUGH HONG KONG GOVERNMENT (SECRETARINAT, HIN ADDITION, HONG KONG GOVERNMENT PLANS TO INTRODUCE A SEPARATE PAY SCALE FOR MEMBERS OF THE JUDICIARY AND TO PROVIDE FOR THEIR PAY

AND CONDITIONS OF SERVICE TO BE DETERMINED ON THE ADVICE OF A NEW STANDING COMMITTEE ON JUDICIAL SALARIES AND CONDITIONS OF

SERVICE: ALTHOUGH ESSENTIALLY NEW COMMITTEE WILL BE DRAWN FROM EXISTING STANDING COMMITTEE ON DIRECTORATE SALARIES AND CONDITIONS

OF SERVICE. THESE MEASURES WILL ENABLE THE APPOINTMENT, PROMOTION, PAY AND CONDITIONS OF SERVICE OF MEMBERS OF THE JUDICIARY TO BE DEALT WITH MIN #SOLATION FROM CIVIL SERVICE.

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3. SECOND AREA IN WHICH CHANGES PLANNED CONCERNS CAREER SECURITY

FOR MEMBERS OF THE JUDICIARY.

4.

PRESENT RETIREMENT AGES FOR MEMBERS OF THE JUDICHHARY ARE 65 FOR SUPREME COURT JUDGES, 60 FOR DISTRICT COURT JUDGES, AND 55 FOR MAGISTRATES ALTHOUGH IN PRACTICE MOST CONTINUE TO SERVE UNTIL AT

LEAST 65. SERVICE BEYOND RETIREMENT AGE MS ACHIEVED BY A SYSTEM

OF EXTENSIONS OF SERVICE BUT DOES NOT PROVIDE CERTAINTY OF BEING

CONFIDENTIAL

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