TNAG-1867-FCO40-2651-Hong-Kong-Judicial-Service-Commission-(Amendment)-Bill-1989-1989 — Page 3

a minor amendment to the

proviso to section 12 So that the Governor in Council, ther than the Governor alone, may prescribe the extent to which representations by a Judicial Officer can be made to the Commission. This is done simply to bring this procedure into line with the general power to make regulations contained in section 13.

Implementation

14

There is at present a barrister and a solicitor on the Commission. If the Governor decides that no change is to be

be made in their membership, it will only be necessary to appoint an additional Supreme Court Judge and the two lay members.

Financial and Staffing Implications

15

There are no staffing or financial implications.

Legislative Time-Table

16

Subject to Members' approval of the introduction of the Judicial Service Commission (Amendment) Bill, 1988 into the Legislative Council, the legislative time-table will be -

Publication in the Gazette

First Reading and commencement of the Second Reading debate

Resumption of Second Reading debate, Committee Stage and Third Reading

Public Reaction

17

10 June 1988

22 June 1988

to be notified

The public at large is unlikely to show much interest in the Bill. However the legal profession, the Judiciary and some sections of the media will be interested and reaction is expected to be favourable. Disquiet has been expressed in the press and by Judicial Officers in relation to the requirement of unanimity for the decisions of the Commission. The removal of this requirement should lay to rest the frequently wade suggestion that the career of a Judicial Officer adversely affected or even terminated at the behest of a single member of the Commission representing a vested The involvement Of more non-lawyers ia the deliberations of the Commission is also likely to be well received.

interest.

can be

CONFIDENTIAL