13. T S CONSIDERED THAT THE ABOVE ARRANGEMENTS WILL HAVE A TWO-FOLD VALUE. FIRST, <HT WILL ENABLE THE SALARIES AND CONDITIONS OF SERVICE OF ALL MEMBERS OF THE JUDIC MARY TO BE EXAMINED BY THE SAME ADVISORY BODY. SECONDLY, IT WILL ENABLE MEMBERS OF THE JUDIC MARY TO BE PROVIDED WITH PAY AND CONDITIONS OF SERVICE APPROPRIATE TO THE NR NEEDS.
14. IN ADD NT MON THE HONG KONG GOVERNMENT PROPOSES THAT THE PAY AND ALLOWANCES OF MEMBERS OF THE JUDICIARY SHOULD BE
PROVIDED FOR BY LAW.
(B) CAREER SECURITY
15. THE HONG KONG GOVERNMENT PROPOSES TO TAKE THE FOLLOWING MEASURES TO GIVE GREATER CAREER SECURITY TO MEMBERS OF THE
JUDICIARY.
RETIREMENT AGES
16.
THE EXISTING RETIREMENT AGES FOR MEMBERS OF THE JUDICKARY ARE 65 FOR SUPREME COURT JUDGES, 60 FOR DISTRICT COURT JUDGES AND 55 FOR MAGISTRATES AND OTHERS. THERE ARE ARRANGEMENTS PERMITTING EXTENSIONS OF SERVICE BEYOND NORMAL RETIREMENT AGE, BUT BECAUSE THEY DO NOT GIVE MEMBERS OF THE JUDICIARY CERTAINTY THAT THEY WILL BE ABLE TO CONTINUE TO SERVE BEYOND THE STIPULATED RETIRING AGE, THEY DO NOT PROVIDE AN ANSWER TO THE PROBLEMS REFERRED TO IN 5(B) AND (C) ABOVE.
17. THE HONG KONG GOVERNMENT CONS:DERS THAT A RETIREMENT AGE OF 65 TOGETHER WITH ARRANGEMENTS FOR EXTENSIONS OF SERVICE BEYOND THAT AGE PROVIDES ADEQUATE CAREER SECURITY AND A SATISFACTORY LENGTH OF CAREER FOR SUPREME COURT JUDGES. HOWEVER, THE RETIREMENT AGES FOR DISTRICT COURT JUDGES AND FOR MAGISTRATES AND OTHERS ARE CONSIDERED TOO LOW. THE HONG KONG GOVERNMENT THEREFORE PROPOSES TO SET THE RETIREMENT AGE FOR ALL MEMBERS OF
THE JUDICIARY AT 65.
18. THE NEW RETIREMENT AGES WILL BE APPLIED IN SUCH A WAY AS TO ENSURE, AS FAR AS POSSIBLE, AN EVEN OUTLFOW OF EXPATRIATE MEMBERS OF THE JUDICIARY SO THAT THERE WILL BE ROOM FOR LOCAL CANDIDATES AT THE TIME WHEN THESE ARE LIKELY TO BE AVAILABLE. WHILE THE OUTFLOW WILL BE ADEQUATE IN THE CASE OF SUPREME COURT JUDGES, AND ALSO IN THE CASE OF MAGISTRATES AND OTHERS SINCE DESPITE THE IR LOW RETIREMENT AGE LT HAS BEEN THE PRACTICE FOR THEM TO SERVE UNTIL 65, THERE IS A POSSIBLE PROBLEM WNTH DISTRICT COURT JUDGES. FOR THIS REASON THE HONG KONG GOVERNMENT PROPOSES TO APPLY THE NEW RETIREMENT AGE FOR DISTRICT COURT JUDGES ONLY TO NEW APPOINTEES, THEREBY AVOIDING THE POSSIBILITY OF THERE BENG A LACK OF VACANCIES FOR LOCAL CANDIDATES AN THE NEXT
FEW YEARS.
19. WITH THE INTRODUCTION OF THE NEW RETIREMENT AGES THE EXISTING UNSATISFACTORY ARRANGEMENTS FOR EXTENSIONS OF SERVICE FOR DISTRICT COURT JUDGES AND MAGISTRATES AND OTHERS WILL BE DISCOUNTED AND EXTENSIONS BEYOND 65 GRANTED TO MEMBERS OF THE JUDICIARY, OTHER THAN SUPREME COURT JUDGES ONLY IN THE MOST EXCEPTIONAL
CIRCUMSTANCES.
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CONFIDENTIAL
REMOVAL
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