TNAG-1589-FCO40-21741-Future-of-the-judiciary-in-Hong-Kong.-Part-1-of-2-1987 — Page 66

CONFIDENTIAL

4.

Section 11l of Annex 1 of the Joint Declaration indicates

that expatriate judges may continue to be employed after 1997 in the

service of the Hong Kong SAR. It is expected that expatriate members of the judiciary will continue to be required for many years

It is desirable nevertheless to achieve a better balance

between locals and expatriates in the Hong Kong judiciary than that

which now exists.

to come.

5.

Whilst

Under the existing terms of employment local candidates do

not come forward readily for appointment to the judiciary.

this is primarily due to the greater financial rewards available

from practice in the private sector, there are other factors

deterring local lawyers from pursuing a career in the judiciary, particularly older candidates. Among the main reasons which have

been advanced for not joining the judiciary by associations

representing local lawyers are:

(a)

Connections with the Civil Service

In certain respects the terms of employment of members of

the judiciary are linked to those of the civil service.

This creates difficulties in providing members of the

judiciary with the terms of employment likely to attract local candidates since any changes in, for example, pay and

conditions of service are reflected within the civil

service.

(b)

Career Security

By

Local lawyers normally consider an appointment to the

judiciary only after many years in private practice.

this time, they are at an age where they regard the existing

retirement ages for certain members of the judiciary as too

low to provide them with a satisfactory length of career (on

retirement judges are not allowed to return to private

practice in Hong Kong).

CONFIDENTIAL