ALSO ENTERED ON
Hmors CCR.
JUDICIAL
Miss Brooks
Legal Advisers
CONFIDENTIAL
HKA 233/1
A
67
Reference..........
Ро
Mey
ame
Part of the judiciary
not the executive
Yes, they do. (see. Colomal Regulations Point I Porra 16.)
These also apply to
-inliotes as Moly one also pribh c
Atrien.
Perhaps
recomme
judges are port of the onchuray
hot the
executive, Whe HMOLS!
HMOCS ISSUES: JUDICIAL OFFICERS
Hilors Policy.
4413
1. In the event that we will get Ministerial agreement to take forward our proposals for arrangements for HMOCS officers, I would like to ensure that we do not have a problem about judicial officers which we may not have focused
on.
2.
6.
helters Rited
Can you see any reason why judicial officers should be No. They treated differently from HMOCS officers? Is there any Love all reason, by virtue of their appointment, that they should be poted treated differently? For example, I note that judicial officers hold their office "during Our pleasure" (Letters
LPATT Patent X1V). As far as I am aware HMOCS officers do not hold
Indeed HMOCS Igydo, see officers do not figure in the Letters Patent or Royal Instructions. Does the ending of "Our pleasure" in 1997 have
their posts during the Queen's pleasure.
No
No.
Their
any special significance therefore for judicial officers? Could they argue that since the Queen no longer holds sway over Hong Kong, they should not be required to continue but should have the right to retire? Could we overcome such an argument by having the Queen issue some statement or has such importing a statement effectively already been covered by the fact the JD?
3.
of
You should be aware that in 1989/90 we had some correspondence with your predecessor, Mr Fifoot, over the eligibility of judicial officers to join HMOCs. (I regret I cannot find the correspondence at present).
As you will appreciate, judicial officers are not members of the civil service and were not included in the 1954 White Paper on the
establishment of a unified service. However there is no HMO Judicial Service and it has long been our practice to appoint judicial officers as members of HMOCS. More recently, after the minuting with Mr Fifoot, we stopped appointing them as members of HMOCS but instead made them eligible for the duties, rights and obligations bestowed by HMOCS. I doubt that this is relevant but I draw it to your attention.
Nihl ushare.
M V Stone
Hong Kong Department
WH 304
270 2651
would not be mrohdalo with The
endryd Butish
Severeph
+ 3D The
& marble, Them To
Conting
work
after
1997
Mr Stone
I would be
most interestedt
to see the minutung with
Mr Tufort
when you find it.
CODE 18-77
14 February 1992
MVSACU
CONFIDENTIAL
5 Brooks/
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