TNAG-2116-FCO40-3021-Future-of-Hong-Kong-Sino-British-Joint-Declaration-action-ch-1990 — Page 7

CONFIDENTIAL

5

機密

17.

When

we

submitted

proposals to ExCo in 1985 concerning the Public Service Commission, we proposed that an executive PSC should remain advisory in relation to HMOCS. On the face of it, an executive JSC could similarly remain advisory in relation to judicial officers who are members of HMOCs. However, because the great majority of judicial officers are overseas officers, the permanent and pensionable officers being members of HMOCS and contract officers being able easily to convert to pensionable status with membership of HMOCS, the use of that device might lead to a JSC which would be executive only in relation to a minority of judicial officers. Whether that would in fact be the likely outcome of using that device is a matter we need to look at more closely, and whether such an outcome would be acceptable is a matter on which we have not taken a view. Our present intention is to look at both these same time that we assess the effects on the Judiciary of a general compensation scheme, which we can only do when the details of such a scheme are known.

matters at the

The Judicial System (G):

18.

The question of consultation about who should be the first Chief Judge of the CFA of the HKSAR and the first Chief Judge of the High Court of the HKSAR does not seem to us to arise, having regared to BL 88 and to the desirability of having an independent commission whose advice on the Governor is binding in place some time before 1 July 1997.

The Public Service (F):

19.

Agreed.

The Financial System:

✓ 20.

It

is

our intention to attach a BL action checklist to the existing JD action checklist. We shall bear in mind BL 107 when the BL checklist is compiled.

Monetary System (C):

25.

We shall include your point in the next edition of the checklist.

KS

NB

External Relations (D):

26.

The preparation of

the Executive Council

memorandum has slipped. The issue is still being discussed within HKG. We shall get in touch with you as soon as we have firmed up our thinking.

GF 323

CONFIDENTIAL **