CONFIDENTIAL
5. UNDER THE EXISTING TERMS OF EMPLOYMENT LOCAL CANDIDATES DO
NOT COME FORWARD READILY FOR APPOINTMENT TO THE JUDICIARY. WHILST
THIS HIS PRIMARILY DUE TO THE GREATER FINANCIPAL 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 MN 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.
LOCAL LAWYERS NORMALLY CONSIDER AN APPOINTMENT TO THE
JUDICIARY ONLY AFTER MANY YEARS IN PRIVATE PRACTICE. BY 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).
(C) PENSION ARRANGEMENTS.
6.
BECAUSE MEMBERS OF THE JUDICIARY ARE APPOINTED LATER IN LIFE
THAN THE AVERAGE CIVIL SERVANT THEY ARE UNABLE, UNDER TE EXISTING HONG KONG GOVERNMENT PENSION ARRANGEMENTS, TO EARN A SATISFACTORY LEVEL OF PENSION BEFORE REACHING RETIREMENT AGE.
THE ABOVE ARE REGARDED AS OBSTACLES TO LOCAL RECRUITMENT.
IT IS IN ORDER TO OVERCOME THESE OBSTACLES TO RECRUITMENT THAT
THE HONG KONG GOVERNMENT IS PROPOSING CHANGES IN THE TERMS
OF EMPLOYMENT OF MEMBERS OF THE JUD-CMARY.
(A) CONNECTIONS WITH THE CIVIL SERVICE
7. TO DEAL WITH THIS PROBLEM THE HONG KONG GOVERNMENT PROPOSES
TO TAKE THE FOLLOWING STEPS TO SEPARATE THE TERMS OF EMPLOYMENT
OF MEMBERS OF THE JUDICIARY FROM THOSE OF THE CIVIL SERVICE.
APPOINTMENTS AND PROMOTIONS
8. THE APPOINTMENTS AND PROMOTIONS OF MEMBERS OF THE JUDICIARY
ARE ALREADY DEALT WITH SEPARATELY FROM THOSE OF THE CIVIL SERVICE
IN THAT THEY ARE MADE BY THE GOVERNOR ON THE ADVICE OF THE
JUDICIAL SERVICE COMMISSION. HOWEVER, THE JUDICIAL SERVICE
COMMISSION'S RECOMMENDATIONS ARE PROCESSED BY THE CIVIL SERVICE
BRANCH OF THE GOVERNMENT SECRETARIAT WHICH ALSO DEALS WITH
THE APPOINTMENT AND PROMOTION OF CIVIL SERVANTS. IT IS PROPOSED
THAT IN FUTURE THE JUDICIAL SERVICE COMMISSION'S RECOMMENDATIONS
-2- CONFIDENTIAL
/SHOULD
A
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