TNAG-1589-FCO40-21741-Future-of-the-judiciary-in-Hong-Kong.-Part-1-of-2-1987 — Page 59

KI

A

KAAU

Mr Hum HKD

20

CONFIDENTIAL

2

Mr McLaren

MCLEA

RS Mr Renton

Münster Laper.

TIM RENTON

FROM

CO Hum

PS/MRA

Hong Kong Department

DATE: 21 May 1987

CC

: Mr Fifoot,

ния 323/13

Legal Advisers

HONG KONG : FUTURE OF THE JUDICIARY

27 MAY 2007

。

J

Problem

1.

Hong Kong have over the past year formulated proposals aimed both at increasing the proportion of local members of the judiciary and at further reinforcing the independence of the judiciary from the executive. Should we agree that Hong Kong may proceed with

proposals on these lines?

Recommendation

2.

I recommend that we agree that Hong Kong should proceed as they propose. The next stage would be for us to present Hong Kong's plans to the Chinese side in good time for JLG VII.

Background

3.

Section III of Annex I to the Joint Declaration provides

inter alia that after the establishment of the Hong Kong SAR Hong Kong's previous judicial system shall continue; that the courts of the SAR shall be free from interference; that judges of the SAR shall be appointed by the Chief Executive of the SAR acting in accordance with recommendations made by an independent commission of judges, lawyers, and other "eminent persons"; and that judges "may be recruited from other common law jurisdictions" (ie from outside Hong Kong).

4.

At present the Hong Kong judiciary is overwhelmingly expatriate; and Hong Kong wish to ensure a better balance of local and expatriate judges before the transfer in 1997. Hong Kong also wish to take reasonable measures to ensure that, within the provisions of the Joint Declaration, the independence of the

CONFIDENTIAL