TNAG-1589-FCO40-21741-Future-of-the-judiciary-in-Hong-Kong.-Part-1-of-2-1987 — Page 79

REMOVAL FROM OFFICE

CONFIDENTIAL

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20. AT PRESENT JUDGES MAY ONLY BE REMOVED FROM OFFICE ON THE RECOMMENDATION OF A TRIBUNAL OF OTHER JUDGES, AND AFTER COMPL-HANCE WITH LEGAL PROCEDURES. IN ACCORDANCE WITH SECTION letela OF ANNEX !! OF THE JOINT DECLARATION, AFTER 1997 JUDGES WILL BE AFFORDED SIMILAR PROTECTION TO JUDGES AND ALL MEMBERS OF THE JUDICIARY PERFORM JUDICIAL FUNCTIONS. TO THIS END IT THEREFORE PROPOSES THAT MEMBERS OF THE JUDICIARY OTHER THAN JUDGES SHOULD ONLY BE REMOVED FROM OFFICE ON THE RECOMMENDAT MON OF A TRIBUNAL APPOINTED BY THE CHIEF JUSTICE FROM AMONG OTHER MEMBERS OF THE

JUDICIARY.

(C) PENSION ARRANGEMENTS

21.

MOST MEMBERS OF THE JUDICIARY ARE OVER 40 AT THE TIME OF THEIR APPOINTMENT. AS A RESULT THEY ARE UNABLE, UNDER THE EXISTING PENSION ARRANGEMENTS, TO EARN A FULL PENSION, OR EVEN CLOSE TO A FULL PENSION, BEFORE REACHING RETIREMENT AGE. THE HONG KONG GOVERNMENT THEREFORE PROPOSES IN THIS CONTEXT TO INTRODUCE A HIGHER PENSION EARNING FACTOR FOR MEMBERS OF THE JUDICIARY. THE PROPOSED FACTOR IS 1/340TH WHICH IS APPROXIMATELY DOUBLE THAT OF THE FACTOR OF 1/675TH PROVIDED FOR UNDER THE NEW PENSION SCHEME. HOWEVER, SINCE THE HIGHER PENSION FACTOR IS TO TAKE ACCOUNT OF THE FACT THAT MEMBERS OF THE JUDICIARY ARE APPOINTED LATER IN LIFE THAN CIVIL SERVANTS GENERALLY, IT WILL ONLY APPLY IN RESPECT OF SERVICE OVER THE AGE OF 50. SERVICE UNDER THE AGE OF 50 WILL EARN PENSION AT THE STANDARD RATE AT 1/675TH. ALSO, HT INS PROPOSED THAT THE NEW PENSION ARRANGEMENTS SHOULD ONLY APPLY TO SERVICE UNDERTAKEN AFTER THE DATE OF

INTRODUCTION OF THE NEW PENSION SCHEME.

22.

THE NEW PENS-ON ARRANGEMENTS WILL MEAN THAT A MEMBER OF THE JUDICIARY APPOINTED AT 50, WHO RETIRES AT 65, WILL EARN THE EQUIVALENT OF ABOUT 30 YEARS PENSION AT THE STANDARD RATE (ABOUT 53 PER CENT OF HIS RETIREMENT SALARY). SIMILARLY A MEMBER OF THE JUDICIARY APPOINTED AT 40 WILL EARN THE MAXIMUM PENSION OF

2/3RDS OF HIS RETIRING SALARY.

23. IN ADDITION TO THE NEW PENS ON FACTOR IT IS PROPOSED THAT MEMBERS OF THE JUDICIARY WHO ARE REQUIRED TO RETIRE EARLY ON THE

GROUNDS OF ILL HEALTH SHOULD BE ENTITLED TO A MINIMUM PENSION

OF 1/4 SALARY.

24. APART FROM THE ABOVE, THE STANDARD PROVISIONS OF THE NEW PENSION SHCEME WOULD APPLY. ALL MEMBERS OF THE JUDICIARY, OTHER

THAN THOSE WHO HAVE ALREADY RETIRED AND BEEN RE-ENGAGED, WOULD

BE PERMITTED TO CONVERT TO THE NEW PENSION ARRANGEMENTS.

FINANCIAL :IMPLICATIONS

25.

THE FINANCIAL IMPLICATIONS OF THE PROPOSED NEW PENSION

ARRANGEMENTS FOR MEMBERS OF THE JUDICIARY BETWEEN NOW AND 2007

ARE SET OUT IN ANNEX B.

CONFIDENTIAL

/CONCLUSION