TNAG-1589-FCO40-21741-Future-of-the-judiciary-in-Hong-Kong.-Part-1-of-2-1987 — Page 37

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ABLE TO CONTINUE BEYOND RETIREMENT AGE. HONG KONG GOVERNMENT

THEREFORE PLANS TO INTRODUCE A COMMON RETIREMENT AGE OF 65 FOR

ALL MEMBERS OF THE JUDICIARY. HOWEVER, TO ENSURE THAT THERE IS

AN ADEQUATE NUMBER OF VACANCIES IN THE DISTRICT COURT AVAILABLE

FOR LOCAL CANDIDATES IN THE NEXT FEW YEARS, RETIREMENT AGE OF 65

FOR DISTRICT JUDGES WILL ONLY APPLY TO THOSE APPOINTED AFTER

1 JANUARY 1987.

5.

HWN 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 OFFICE ON RECOMMENDATHON

OF A TRIBUNAL OF OTHER JUDGES. SECTION OF ANNEX OF THE

JOINT DECLARATION PROVIDES THAT FOR SIMILAR PROTECTION AGAINST

REMOVAL FROM OFFICE AFTER 1997. CONSIDER THAT THIS PROTECTION

SHOULD BE EXTENDED TO MAGISTRATES AND OTHER MEMBERS OF THE

JUDUICHARY WHO ALSO PERFORM JUDICIAL FUNCT HONS. HONG KONG GOVERNMENT THEREFORE PLANS TO PROVIDE THAT MEMBERS OF THE

JUD CHARY OTHER THAN JUDGES SHOULD ONLY BE REMOVED FROM OFFNCE ON RECOMMENDATHON OF A TRIBUNAL APPOINTED BY CHIEF JUSTICE FROM AMONG

OTHER MEMBERS OF THE JUDICIARY.

6.

THE THIRD AREA OF CHANGE RELATES TO PENSIONS. MEMBERS OF THE

JUDNICHMARY ARE APPOINTED MUCH LATER HIN LIFE THAN THE AVERAGE CHVIL

SERVANT: USUALLY MEN 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 PENSION, BEFORE RETIREMENT AGE UNDER NORMAL

CHRCUMSTANCES. HONG KONG GOVERNMENT THEREFORE PROPOSES THAT FOR

SERVICE OVER THE AGE OF 50 MEMBERS OF THE JUDICINARY SHOULD EARN

PENSIMON AT DOUBLE NORMAL RATE UNDER NEW PENSION SCHEME. NEW

PENSIMON ARRANGEMENTS WOULD BE EFFECTIVE FROM A CURRENT DATE.

IN ADDITION TO THESE MEASURES HONG KONG GOVERNMENT PLANS TO

EXPAND JUDICIAL SERVICE COMMISSION AND STRENGTHEN ADMINISTRATION OF JUDICIARY IN ORDER TO PROVIDE MMPROVED MANAGEMENT OF THE

JUDICINARY.

Bo

FOREGOING HIS AN OUTLINE OF HONG KONG GOVERNMENT'S PLANS FOR THE JUDNICHARY. THESE WERE GIVEN IN MUCH MORE DETAIL IN THE PAPER

HANDED TO CHINESE SIDE ON 29 MAY. THE BRITISH SINDE HOPES THAT THE

NEW ARRANGEMENTS WILL SUCCEED HIN ATTRACTING LOCAL LAWYERS WITH THE

APPROPRIATE QUALITHES TO JOIN THE JUDICIMARY. HIT BELIEVES THAT

THE NEW ARRANGEMENT WILL ASSIST IN ENSURING THE CONTINUITY OF A

JUD #CHARY OF HIGH CALIBRE AND, AS CONSEQUENCE_IN_MëINTAINING

STABILITY AND PRESERVING CONFIDENCE. THE BRITISH SIDE WOULD,† HOWEVER, WELCOME THE CHINESE SIDE'S VIEW ON HONG KONG GOVERNMENT'S PLANS.

DEFENSIVE QUESTIONS AND ANSWERS BRIEF

Q.. DOES THE BRITISH SIMDE CONSIDER THAT THE NEW ARRANGEMENTS FOR

THE JUDICIMARY WILL BE SUCCESSFUL HIN ATTRACTING LOCAL LAWYERS

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