TNAG-1589-FCO40-21741-Future-of-the-judiciary-in-Hong-Kong.-Part-1-of-2-1987 — Page 77

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

SHOULD BE PROCESSED BY THE JUDICIARY ITSELF, THAT IS TO SAY THE JUDICHARY WILL BE RESPONSIBLE FOR SUBMITTING THE RECOMMENDATION OF THE JUDICIAL SERVICE COMMISSION DIRECT TO THE GOVERNOR. TO THE *IN WITH THESE CHANGES, STEPS WILL BE TAKEN TO STRENGTHEN THE JUDICIAL SERVICE COMMISSION AND THE JUDICKARY'S ADMINISTRATION.

9. AS REGARDS STRENGTHENING THE JUDICIAL SERVICE COMMISSION THE PRESENT MEMBERS SHIP CONSISTS OF :-

THE CHIEF JUSTICE (CHAIRMAN)

THE ATTORNEY GENERAL

THE CHAIRMAN, PUBLIC SERVICE COMMISSION A JUDGE

A REPRESENTATIVE OF THE BAR ASSOCIATION +

A REPRESENTATIVE OF THE LAW SOCIETY.

+

(+ THE BODIES REPRESENTING LOCAL LAWYERS.)

THE PROPOSED MEMBERSHIP MS :-

3 MEMBERS OF THE JUDICIARY (INCLUDING THE CHIEF JUSTICE AS

CHAIRMAN)

3 MEMBERS OF THE LEGAL PROFESSION (INCLUDING THE ATTORNEY

GENERAL AND REPRESENTATIVES OF THE BODIES REPRESENTING LOCAL LAWYERS)

3 EMINENT PERSONS FROM OUTSIDE THE LEGAL PROFESSION (INCLUDING

THE CHAIRMAN, PUBLIC SERVICE COMMISS:HON).

HIT "MS BELIEVED THAT THE REVISED MEMBERSHIP WILL ALSO ACHIEVE A BETTER BALANCE BETWEEN THE GROUPS REPRESENTED ON THE JUDICIAL SERVICE COMMISS HON, AND IT S N KEEPING WITH THE PROVISIONS OF SECTION MWH OF ANNEX OF THE JOINT DECLARATION.

10.

AS A FURTHER STEP TOWARDS REDUCING THE DIRECT CONNECTION WITH THE CIVIL SERVICE, THE HONG KONG GOVERNMENT PROPOSES THAT MEMBERS OF THE JUDICIARY SHOULD BE SUBJECT TO REGULATIONS SEPARATE FROM THOSE APPLICABLE TO THE CIVIL SERVICE.

11.

IT MS CONSIDERED THAT THE ABOVE MEASURES WILL NOT ONLY CREATE A CLIMATE WITHIN THE JUDICIARY WHICH MS MORE CONDUCIVE TO LOCAL LAWYERS BUT WILL ALSO HELP MEET THE NEED TO GIVE CLEARER PUBLIC EXPRESSION TO THE IMPORTANT PRINCIPLE THAT THERE SHOULD BE NO INTERFERENCE WITH THE JUDICIARY BY THE EXECUTIVE.

SALARIES AND CONDITIONS OF SERVICE

12.

AT PRESENT THE SALARMES OF MEMBERS OF THE JUDICIARY ARE LINKED TO CIVIL SERVICE PAY SCALES : N THE CASE OF JUDGES AND OTHER MORE SENIOR MEMBERS OF THE JUDICIARY TO THE DIRECTORATE PAY SCALE AND IN THE CASE OF MAGISTRATES AND SOME OTHERS TO THE MASTER PAY SCALE. THE SALARIES OF MEMBERS OF THE JUDICIARY ON THE DIRECTORATE PAY SCALE ARE DETERMINED ON THE ADVICE OF THE STANDING COMMITTEE ON DIRECTORATE SALARIES AND CONDITIONS OF SERVICE AND THOSE OF THE REMAINDER ON THE ADVICE OF THE STANDING COMMISSION ON CIVIL SERVICE SALARIES AND CONDITIONS OF SERVICE. THE HONG KONG GOVERNMENT PROPOSES TO INTRODUCE A SEPARATE (ALTHOUGH NOT NECESSARILY HIGHER) PAY SCALE FOR ALL MEMBERS OF THE JUDICIARY AND TO PROVIDE FOR PAY LEVELS TO BE DETERMINED ON THE ADVICE OF THE STANDING COMMITTEE ON DIRECTORATE SALARIES AND CONDITIONS OF SERVICE BUT SITTING AS A STANDING COMMITTEE ON JUDICIAL SALARIES AND CONDITIONS OF SERVICE. THE STANDING COMMITTEE WOULD ALSO ADVISE ON CONDITIONS OR SERVICE FOR ALL MEMBERS OF THE JUDICIARY.

3- CONFIDENTIAL

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