TNAG-1729-FCO40-2442-Minutes-and-Hansards-of-the-Legislative-Council-of-Hong-Kong-1988 — Page 223

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terms those on pensionable

As regards removal, Judge may only be removed from office for inability to discharge the functions of his office or for misbehaviour. Moreover,

Moreover, such inability or misbehaviou must be investigated by a tribunal of Judges appointed by the Governor and, if removal is

recommended, the

the case must be referred to the Judicial Committee of the Privy Council. In the case of Magistrates,

only be removed from office on disciplinary grounds by the Governor after consideration of their case by

by a board headed by a Supreme Court Judge appointed by the Chief Justice and including at least one other Judge. As far as Magistrates on agreement terms are concerned, disciplinary cases are, as a matter of practice, referred to the Judicial Service Commission.

Sir,

Consideration

may

is now being given to the arrangements for the appointment and removal of Magistrates. A number of measures, which include changes to the composition and procedures of the Judicial Service Commission and its more formal involvement in disciplinary cases, are proposed for

shortly.

the Consideration is also being given to whether any changes need to be made

made in

in the present security of tenure arrangements of Magistrates.

for

a

introduction

STY,

A

In considering any changes, regard must be had Section III to the provisions of the Joint Declaration. of Annex I to the Joint Declaration provides for Judges to be removed by the Chief Executive on the recommendation of a tribunal of Judges appointed by the Chief Judge of the ́ Court of Final Appeal. The removal of principal judges

For

also requires the endorsement of the legislature. other Judicial_Officers, including Magistrates, it provides for the present system to be maintained.