>
The reference in memorandum XCX(87)75 to the protection of the Secretary of State, which judicial officers would lose upon the Commission becoming executive, relates to the position of members of Her Majesty's Overseas Civil Service (HMOCS). The White Paper Service with Overseas Government s" (Cmnd. 1193) provides that "When the Secretary of State's cont rol passes to an executive Public Service Commission, overseas officers (members of HMOCS) should be ent it led to retire with compensation calculated with actuarial advice and taking account of age, salary and length of service". The Administration has been advised by the FCO that should the Public Service Commission become executive this provision would apply to Hong Kong. The FCO explained that compensation would be payable since members of HMOCS would lose the protection of the Secretary of State i.e. since
executive Public Service Commission' s recommendations are mandatory and must be accepted it would no longer be possible for the Secretary of State to intervene in promotions, disciplinary cases and so on. There would no longer be a right of appeal to the Secretary of State on such matters. Similar considerations would apply to members of Her Majesty's Overseas Judicial Service (HMOJS) in relation to an executive Judicial Service Commission.
an
>
20
Judges now appointed under Letters Patent are guaranteed their tenure of office until their retirement age of 65. The effect on the Judiciary of introducing a compensation scheme to enable the early retirement of members of HMOJS upon the Commission becoming executive must clearly be taken into account in considering the timing of making the Commission executive. Consultation with the FCO will be required and will take time. The effect on judges of their Letters Patent ceasing to have validity in Hong Kong on 1 July 1997 is a a related matter. Both these matters are being considered in the context of the drafting of new Judicial Service Regulations.
21
The present proposals are part of a package of measures designed to prepare the Commission in due course to assume an executive role. But this matter should be looked at separately and in greater detail, and we propose that the Commission remain advisory for the time being.
THE BILL
22
Clause 2 removes the chairman of the Public Service Commission from membership of the Commission, and increases the number of appointed members from three to seven, making a total membership of nine including the ex-officio members. Before making the appointments of the
appointments of the two members from the legal profession, the Governor must consult with the Bar Association and Law Society. The quorum is increased to six members and the requirement for unanimous votes is removed.
CONFIDENTIAL
No comments yet.
Private notes are available after approval.