TNAG-1589-FCO40-21741-Future-of-the-judiciary-in-Hong-Kong.-Part-1-of-2-1987 — Page 75

GRS 1700

CONFIDENTIAL

FM HONG KONG

TO IMMED HATE FCO

TELNO 1895

OF 180355Z MAY 87

CONFIDENTIAL

INFO IMMEDIATE PEKING

MIPT: THE JUDIC-WARY

HKA 373/3

THE FOLLOWING US THE PROPOSED TEXT OF THE NOTE ON THE

17

TOP COPY

Q DIST?

See 21 映

See 18

JUDICIARY.

BEGINS

THE JUDICIARY

INTRODUCTION

AT JLG NV, WHEN DISCUSSING CIVIL SERVICE MATTERS, THE BRITISH SIDE INFORMED THE CHINESE SANDE THAT THE HONG KONG GOVERNMENT WAS EXAMINING THE TERMS OF EMPLOYMENT OF MEMBERS OF THE JUDICIARY WITH A VIEW TO ATTRACTING MORE LOCAL CANDIDATES. THE HONG KONG GOVERNMENT HAS NOW COMPLETED THIS EXAMINATION AND AS A RESULT PROPOSES TO INTRODUCE A NUMBER OF CHANGES.

BACKGROUND

2.

MEMBERS OF THE JUDICIARY FALL INTO THREE MAIN CATEGORIES:-

(A) JUDGES OF THE SUPREME COURT INCLUDING THE CHIEF JUSTICE AND APPEAL COURT JUDGES AND HIGH COURT JUDGES SEMICOLON (B) DISTRICT COURT JUDGES SEMICOLON AND

(C) MAGISTRATES.

IN ADDITION THERE ARE MEMBERS OF THE JUDICIARY IN SPECIAL FIELDS, FOR EXAMPLE, REGISTRARS, DEPUTY REGISTRARS, AND ASSISTANT REGISTRARS OF THE SUPREME COURT, CORONERS, PRESIDENTS OF LABOUR

AND LAND TRIBUNALS, ETC. A TABLE SHOWING THE COMPOSITION OF THE

JUD ECMARY IS AT ANNEX A. SUPPORTING STAFF WORKING IN THE

JUDICIARY (E.G. CLERKS, SECRETARIES, INTERPRETERS, ETC.) ARE

CIVIL SERVANTS AND NOT MEMBERS OF THE JUDICIARY.

3. AT PRESENT THE JUDICIARY IS OVERWHELMINGLY EXPATRIATE. THERE

ARE ONLY 5 LOCAL JUDGES OUT OF 33 IN THE SUPREME COURT, 6 OUT OF

32 IN THE DISTRICT COURT AND 12 OUT OF 54 IN THE MAGISTRACY : 12

OUT OF 22 OTHER MEMBERS OF THE JUDICIARY ARE LOCAL.

4.

SECTION MI OF ANNEX OF THE JOINT DECLARATION INDICATES

THAT EXPATRIATE JUDGES MAY CONTINUE TO BE EMPLOYED AFTER 1997 IN

THE SERVICE OF THE HONG KONG SAR GOVERNMENT. IT IS EXPECTED THAT

EXPATRIATE MEMBERS OF THE JUDICIARY WILL CONTINUE TO BE REQUIRED

FOR MANY YEARS TO COME. IT IS DESIRABLE NEVERTHELESS TO ACHIEVE

A BETTER BALANCE BETWEEN LOCALS AND EXPATRIATES IN THE HONG KONG

JUDICIARY THAN THAT WHICH NOW EXISTS.CONFIDENTIAL

See 13

is.

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