TNAG-1867-FCO40-2651-Hong-Kong-Judicial-Service-Commission-(Amendment)-Bill-1989-1989 — Page 25

(3)

(b)

(c)

man and 4 other members. A resolution

13 CO

be affective, whether made at a meeting or by

circulation of papers, only if at least 5

members vote in favour, or where 8 or 9 mem-

bers are present at a meeting or in the case

of circulation of papers, sign and return the

voting paper, if 6 votes are in favour.

Section 3(5) is to be repealed so the distinc-

tion between a resolution and formulating

advice disappears. It is unclear therefore

whether the Commission can only perform the

functions specified in Section 6 by means of

resolution.

It seems illogical to require different

majorities depending on the number of members

present or voting which must be a matter of

chance.

A variety of views have been expressed upon the

proposed introduction of the lay members into the

Commission ranging from welcoming the proposal in

principle to expressing reservations over the

rationale behind it.

Further under the terms of the proposed amendment,

the Governor is free to appoint any person who is

not in his opinion connected in any way with the

practice of law in Hong Kong. He ought not to be

free to appoint members of the Public Service

Commission for the same reason that the presence of

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