TNAG-2153-FCO40-3072-Limited-compensation-scheme-for-judicial-officers-in-Hong-Ko-1990 — Page 4

if the officer has already been superseded and compensated. Surely he Ceuk not aspire to one of the two posts where nationality would bar

him from holding office? As regards paragraph 13, it is not clear whether any time limit would apply. For example, a judge who was required to retire early, received his compensation and left the colony for a period say one year - might return to Hong Kong and take up an appointment with a subvented organisation.

Would you then seek to have the compensation returned.

8. We agree, of course, that it will be necessary to amend the Letters Patent. We consider that the most convenient way of dealing with this may be to divide the existing article XVI(A) into two and to add a new third article. The existing article would comprise paragraphs (1) to (3) and paragraph (1) would commence: "Subject to the provisions of this Article and Articles XVI(B) and XVI(C).... "Article XVI(B) would consist of the present paragraphs (4) to (8) with an appropriate qualification to the word "only" in paragraph (4). Article XVI (C) would make new provision for the retirement of judges under the circumstances envisaged in the compensation scheme. Since it is necessary to amend the Letters Patent for the judges, I think it would be desirable, if only to give a form of legal endorsement, to make an appropriate amendment to Article XVI, inserting a reference to the Civil Service Scheme also.

Yours sincerely,

M V Stone

Hong Kong Department