TNAG-1867-FCO40-2651-Hong-Kong-Judicial-Service-Commission-(Amendment)-Bill-1989-1989 — Page 5

We propose that the Commission should be composed

three members of the Judiciary (including the Chief Justice as Chairman);

three members of the legal profession (the Attorney General, one barrister and one solicitor);

two lay members; and

one other person, not limited to any particular category.

(b) Appointment of members of the legal profession

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the

The legal profession proposed that representatives from each branch of the legal profession should be practising members of the profession appointed upon nomination by

after or

consultation with the respective governing bodies and that the legislation should so provide. At present one solicitor and one barrister are appointed to the Commission on a personal basis.

in

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This suggestion is accepted. We propose that deciding the appointment s of the barrister and solicitor members of the Commission, the Governor should consult with the Hong Kong Bar Association and the Law Society of Hong Kong respectively. The two associations would be invited to submit nominations for these appointment s to the Governor but the Governor would not be bound by the recommendations of the associations.

(c) Quorum

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We originally proposed that,

with an expanded membership of nine, the quorum of the Commission should be five. The legal profession suggested, and still maintains, that the quorum should be seven. We think that this would be too high a quorum, as it is quite likely that during certain periods of the year when meetings have to be held or business transacted by circulation of papers, e.g. in the summer, more than two members will be out of Hong Kong at the same time. We suggest that the quorum be revised to six. That would be two-thirds of the membership. By comparison, the existing Commission, with a membership of six, has a quorum of three members including the Chairman, i.e. half the membership.

LEA