TNAG-1867-FCO40-2651-Hong-Kong-Judicial-Service-Commission-(Amendment)-Bill-1989-1989 — Page 17

For decision

on 31 May 1988

CONFIDENTIAL

XCC (88) 73 Copy No

MEMORANDUM FOR EXECUTIVE COUNCIL

JUDICIAL SERVICE COMMISSION (AMENDMENT) BILL 1988

Annex B

THE PROBLEM

We need to seek legislative authority to implement the Governor in Council's decision to alter the composition of the Judicial Service Commission (the Commission) and provide for majority decisions by the Commission.

RECOMMENDATION AND ADVICE SOUGHT

2

to

It is recommended that the Judicial Service Commission (Amendment) Bill 1988, as annexed, should be introduced into the Legislative Council.

3

Members will be asked to advise whether this recommendation should be approved.

BACKGROUND AND ARGUMENT

The Proposals

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The present composition of the Commission is the Chief Justice as Chairman, the Attorney General, the Chairman, Public Service Commission, one

one Judge

Judge of the High Court and one representative each from the Bar Association and Law Society.

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On 12 May 1987 (87)75 which proposed a package of

of measures designed to enhance the independence of the Judiciary. Among these were proposals to expand the membership of the

the Judicial Service Commission and

and to provide for its decisions to be by a majority rather than be unanimous as at present. Following discussion, the Council advised and the Governor ordered

Members considered Memorandum XCX

(a) that the J.S.C. should be composed of three members of the Judiciary (including the Chief Justice as Chairman):

three members of the legal profession (including the Attorney General);

three lay members (including the Chairman, Public Service Commission); and

CONFIDENTIAL