TNAG-1867-FCO40-2651-Hong-Kong-Judicial-Service-Commission-(Amendment)-Bill-1989-1989 — Page 22

adviser on legal matters, He is also a

member of the Legislative and Executive

Councils and he is ultimately responsi-

ble for all criminal prosecutions.

Under the Ordinance, neither a member

of the Legislative Council nor a person

holding pensionable office the emolu-

ments of which are payable wholly or

partly out of public revenue is eligi-

ble for appointment as a member.

(b)

(iii)

The AG's presence on the JSC would

therefore appear to be both incompati-

ble with the principle already

mentioned and not in keeping with the

spirit of the Ordinance.

The Chairman of the Public Service Commission

The Public Service Commission is by the

provisions of the Public Service Commission

Ordinance enjoined from exercising its advi-

sory functions on matters relating to any

judicial office. The policy behind this is

presumably a recognition of the "non-identi-

fication" of the judiciary with the Civil

Service. If the concept of a non-civil ser-

vice judiciary is accepted, it would appear

anomalous that the Chairman of the PSC is

then an "ex -officio" member of the JSC. The

expertise of the Chairman of the Public Ser-

vice Commission can be made available to tho

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