TNAG-1867-FCO40-2651-Hong-Kong-Judicial-Service-Commission-(Amendment)-Bill-1989-1989 — Page 42

CONFIDENTIAL

HKB

012/11

TOP COPY Q DIST >

CONFIDENTIAL

FM HONG KONG

TO ROUTINE FCO

TELNO 3020

OF 13033OZ SEPTEMBER 89

130340

MDLIAN 9908

JUDICIAL SERVICE COMMISSION (AMENDMENT) BILL

AGREEMENT WAS REACHED WITH THE CHINESE ON THE EXPANSION OF THE MEMBERSHIP OF THE JUDICIAL SERVICE COMMISSION (JSC) IN OCT. 1987 (PARA. 4 OF OUR TELNO 3876 DATED 14.10.87 REFERS). SUB- SEQUENTLY A DRAFT BILL ENCOMPASSING THE PROPOSED CHANGES WAS PREPARED.

THE BILL WAS APPROVED BY EXCO IN JUNE 1988, BUT WHEN IT WAS DISCUSSED IN THE LEGCO AD HOC SUB-COMMITTEE, WE WERE ASKED TO RECONSIDER THE PROPOSAL IN VIEW OF A SUBMISSION MADE BY THE LEGAL PROFESSION.

AFTER CAREFUL CONSIDERATION OF THE LEGAL PROFESSION'S VIEWS AND HAVING HAD FURTHER DISCUSSIONS WITH THEM, WE HAVE AGREED TO AMEND THE BILL TO INCORPORATE CERTAIN CHANGES. NONE OF THESE CHANGES INVOLVES ANY CHANGES TO THE STRUCTURE OF THE JUDICIARY OR THE CONSTITUTIONAL RELATIONSHIP BETWEEN THE HKG AND THE JUDICIARY. ESSENTIALLY THE REVISED BILL SERVES TO:

(I)

REMOVE THE CHAIRMAN OF PSC FROM MEMBERSHIP ON JSC:

(II) INCREASE THE TOTAL MEMBERSHIP TO 9:

(III)

(IV)

PROVIDE FOR CONSULTATION WITH THE LAW SOCIETY AND BAR BAR ASSOCIATION BEFORE THE GOVERNOR APPOINTS A MEMBER FROM EACH OF THE ASSOCIATIONS, BUT THE GOVERNOR WILL NOT BE BOUND BY THEIR RECOMMENDATIONS: AND

REMOVE THE REQUIREMENT FOR UNANIMOUS VOTES.

WE CONSIDER THAT WE NEED ONLY TO INFORM THE CHINESE ABOUT (I) AS IT REPRESENTS A DEPARTURE FROM THE AGREEMENT REACHED PREVIOUSLY. POINTS (III) AND (IV) ARE NEW BUT SINCE THEY ARE RELATED TO PROCEDURAL DETAILS, WE SUGGEST INFORMING THE CHINESE ONLY IF ASKED.

1

PAGE

CONFIDENTIAL