TNAG-1867-FCO40-2651-Hong-Kong-Judicial-Service-Commission-(Amendment)-Bill-1989-1989 — Page 34

CONFIDENTIAL

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CONFIDENTIAL

FM HONG KONG

TO IMMEDIATE FCO

TELNO 3323

OF 060945Z OCTOBER 89

INFO IMMEDIATE PEKING

INFO PRIORITY UKREP JLG HONG KONG

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030365 MDHIAN 8718

MIPT: JUDICIAL SERVICE COMMISSION (AMENDMENT) BILL

THE DRAFT SPEAKING NOTE IS AS FOLLOWS:

IN THE PAPER HANDED TO THE CHINESE SIDE ON 29 MAY 1987, THE BRITISH SIDE PROPOSED A SERIES OF MEASURES TO ENHANCE THE TERMS OF EMPLOYMENT OF MEMBERS OF THE JUDICIARY WITH A VIEW TO

ATTRACTING MORE LOCAL CANDIDATES. THESE MEASURES INCLUDED A RECOMMENDATION THAT THE SIZE OF THE JUDICIAL SERVICE COMMISSION

BE INCREASED FROM 6 TO 9 MEMBERS. IT WAS ENVISAGED THAT

THE EXPANDED MEMBERSHIP SHOULD COMPRISE:

(A)

3 MEMBERS OF THE JUDICIARY (INCLUDING THE CHIEF

JUSTICE AS CHAIRMAN):

(B)

(C)

3 MEMBERS OF THE LEGAL PROFESSION (INCLUDING THE ATTORNEY

GENERAL AND REPRESENTATIVES OF THE BODIES REPRESENTING

LOCAL LAWYERS): AND

3 EMINENT PERSONS FROM OUTSIDE THE LEGAL PROFESSION

(INCLUDING THE CHAIRMAN, PUBLIC SERVICE COMMISSION).

AT EXPERT TALKS, HELD IN OCTOBER 1987, THE CHINESE SIDE CONFIRMED

THAT THEY HAD NO OBJECTION TO THIS PROPOSAL.

2.

/

/

SUBSEQUENTLY IN JUNE 1988 A DRAFT BILL INCORPORATING

THE PROPOSED CHANGES TO THE JUDICIAL SERVICE COMMISSION WAS PREPARED AND SUBMITTED TO THE LEGISLATIVE COUNCIL. HOWEVER, IN REPRESENTATIONS TO THE GOVERNMENT ON THE BILL THE PROFESSION

ARGUED THAT THE PRESENCE OF THE CHAIRMAN OF THE PUBLIC SERVICE

COMMISSION ON THE JUDICIARY SERVICE COMMISSION WOULD TEND TO UNDERMINE THE OBJECTIVE OF AN INDEPENDENT JUDICIARY, MANAGED QUITE SEPARATELY FROM THE REST OF THE CIVIL SERVICE. AN AD HOC

SUB-COMMITTEE OF THE LEGISLATIVE COUNCIL WAS SET UP TO STUDY THE BILL IN DETAIL. AS A RESULT OF ITS DELIBERATIONS, THE

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CONFIDENTIAL