TNAG-1589-FCO40-21741-Future-of-the-judiciary-in-Hong-Kong.-Part-1-of-2-1987 — Page 88

GRS 200

CONFIDENT HAL

FM HONG KONG

TO MMMEDIATE FCO

TELNO 1910

OF 190435Z MAY 87

INFO IMMEDIATE PEKING

A 373/3

TOP COPY DIST

CONFIDENTIAL

See/71

MY TELNO. 1895 AND YOUR TELNO. 1359: THE JUDICIARY.

WE REGRET THERE IS A PIECE MISSING FROM PARAGRAPH 20 OF THE DRAFT

NOTE. THE PARAGRAPH SHOULD READ :

**20.

AT PRESENT JUDGES MAY ONLY BE REMOVED FROM OFFICE ON THE RECOMMENDATION OF A TRIBUNAL OF OTHER JUDGES AND AFTER COMPLIANCE WITH LEGAL PROCEDURES. IN ACCORDANCE WITH SECTION OF ANNEX H

OF THE JOINT DECLARATION, AFTER 1997. JUDGES WILL BE AFFORDED SIMILAR PROTECTION IN THAT THEY CAN ONLY BE REMOVED FROM OFFICE BY THE CHIEF EXECUTIVE OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION ACTHING IN ACCORDANCE WITH THE RECOMMENDATION OF A TRIBUNAL APPOINTED BY THE CHIEF JUDGE. THE HONG KONG GOVERNMENT CONSIDERS THAT THIS PROTECTION SHOULD ALSO BE EXTENDED TO MAGISTRATES AND OTHER MEMBERS OF THE JUD CHARY SINCE THEY ALSO 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 RECOMMENDATION OF A

TRIBUNAL APPOINTED BY THE CHIEF JUSTICE FROM AMONG OTHER MEMBERS OF THE JUDICIARY.

2. APOLOGIES.

WILSON

HMLNAN 3056

HONG KONG AGREEMENT: RESTRICTED

LIMITED

HD/HKD

HD/FED

RESEARCH D. (FE)

DEP.HD/PUSD

PS/MR RENTON

MR MCLAREN

MR GILLMORE

し

COPIES TO:

MR FIFOOT, LEGAL ADVISERS

CONFIDENTIAL