TNAG-1867-FCO40-2651-Hong-Kong-Judicial-Service-Commission-(Amendment)-Bill-1989-1989 — Page 35

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030365

MDHIAN 87.8

AD HOC SUB-COMMITTEE REQUESTED THE GOVERNMENT TO RECONSIDER CERTAIN ASPECTS OF THE PROPOSALS CONTAINED IN THE DRAFT BILL, INCLUDING THE PROPOSAL BY THE LEGAL PROFESSION THAT THE CHAIRMAN OF THE PUBLIC SERVICE COMMISSION BE REMOVED FROM THE MEMBERSHIP OF THE JUDICIAL SERVICE COMMISSION.

3.

AFTER CAREFUL CONSIDERATION, THE HONG KONG GOVERNMENT HAS AGREED TO AMEND THE BILL TO REMOVE THE CHAIRMAN OF THE PUBLIC SERVICE COMMISSION FROM THE MEMBERSHIP OF THE JUDICIAL SERVICE COMMISSION. IN HIS PLACE THERE WILL BE ANOTHER APPOINTED MEMBER NOT RESTRICTED TO ANY CATEGORY OF PERSONS. THE REVISED BILL WILL BE GAZETTED ON 20 OCTOBER 1989.

4.

AS A RESULT OF THIS CHANGE THE COMPOSITION OF THE EXPANDED JUDICIAL SERVICE COMMISSION WILL NOW BE SLIGHTLY DIFFERENT TO THAT OF WHICH THE CHINESE SIDE WERE INFORMED IN MAY 1987. WE WOULD EMPHASIZE THAT, AS WITH THE PREVIOUS PROPOSAL, THIS FURTHER MINOR CHANGE WILL NOT INVOLVE ANY CHANGE TO THE STRUCTURE OF THE JUDICIARY OR TO THE CONSTITUTIONAL RELATIONSHIP BETWEEN IT AND THE HONG KONG GOVERNMENT.

SQUARE BRACKETS BEGIN

IF PRESSED ON WHY THE CHAIRMAN OF THE PSC WAS

ON THE JSC IN THE FIRST PLACE WE WOULD SAY: THE CHAIRMAN OF THE PUBLIC SERVICE COMMISSION WAS ORIGINALLY MADE AN EX- OFFICIO MEMBER OF THE JUDICIAL SERVICE COMMISSION ON THE BASIS THAT HIS EXPERIENCE OF APPOINTMENT AND RELATED STAFF MATTERS WOULD BE USEFUL TO THE WORK OF THE JUDICIAL SERVICE COMMISSION. IT IS NOW CONSIDERED THAT SUCH EXPERTISE MAY ALSO BE PROVIDED BY OTHER EMINENT LAY MEMBERS. SQUARE BRACKETS END

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PS/LORD BRABAZON

MR GILLMORE

MR MCLAREN

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