TNAG-1589-FCO40-21741-Future-of-the-judiciary-in-Hong-Kong.-Part-1-of-2-1987 — Page 83

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GRS 189

CONFIDENTIAL

FM PEKING

TO DESKBY 20090OZ FCO

TELNO 917

OF 200509Z MAY 87

INFO IMMEDIATE HONG KONG

12

13

TOP COS

YOUR TELNO 1372, MY TELNO 908 AND HONG KONG TELNO 1895: THE JUDICIARY

1.

WE HAVE TWO COMMENTS ON FIRST TUR:

See 21

(19

See it

A) PARA 1F: IN SECOND TUR, WE EXPRESSED THE VIEW THAT IT WOULD BE HELPFUL TO AVOID DIRECT REFERENCES TO STRENGTHENING THE **INDEPENDENCE OF THE JUDICIARY BECAUSE OF THE CONSITUTIONAL DEBATE THAT SUCH REFERENCES MIGHT SPARK. WE AGREE THAT PARA 14 OF THIRD TUR COULD BE EXPANDED TO EXPLAIN ITS SIGNIFICANCE. BUT IN SO DOING, WE WOULD PREFER TO AVOID REFERENCE TO INDEPENDENCE OF THE JUDICIARY. WE SUGGEST THAT THE FOLLOWING (ADAPTING THE FORMULA USED IN PARA 10 OF THIRD TUR) COULD BE ADDED TO IT FOR THIS PURPOSE: ''THIS REPRESENTS ANOTHER STEP IN THE DIRECTION OF REDUCING THE DIRECT CONNECTION WITH CIVIL SERVICE PROCEDURES AND SHOULD INCREASE THE ATTRATIVENESS FOR LOCAL LAWYERS OF THE JUDICIARY'S

TERMS OF EMPLOYMENT''.

B) PARA 1J: WE AGREE WITH YOUR AMENDMENT, BUT SUGGEST THAT A CONSEQUENTIAL AMENDMENT SHOULD BE THAT ''IT'', IN THE FIRST SENTENCE OF PARA 26 OF THIRD TUR, SHOULD BE AMENDED TO READ THE HONG KONG GOVERNMENT''.

EVANS

YYYY

PEHPAE 0067

HONG KONG AGREEMENT: RESTRICTED

LIMITED

HD/HKD

HD/FED

RESEARCH D. (FE)

DEP.HD/PUSD

PS/MR RENTON

MR MCLAREN MR GILLMORE

COPIES TO:

MR FIFOOT, LEGAL ADVISERS

Confidential