TNAG-2433-FCO40-3535-Hong-Kong-Her-Majesty-s-Overseas-Civil-Service-(HMOCS)-and-t-1992 — Page 205

香港最高法院

經歷司內庭用箋

Our Ref. SC/CR/597/92

Tel. No. 8254600

Fax No. 8690640

CONFIDENTIAL

Miss

Copy to Fifact

AM 2014

REGISTRAR'S CHAMBERS

SUPREME COURT

HONG KONG

letter out to Mr Waters 22/5.

HKA 233/5

Burz115. william,

considerg

relivent...

Mr Fifoot is now

have been unable to find any

we shall probably

paper.

wirte to CSB i de for more background.

Ms. G.J. Coglin,

Hong Kong Department,

is

2115

Foreign and Commonwealth Office,

London, SW1A 2AH,

ENGLAND.

Dear

Ms Coglin,

Enrolment in HMOCS

Mr Stone

233/5...

12 May 1992

1

Mr Suttill has now shut the correspond. ence on the 2 previous cases of post-1985 appointed judiciary member whose HMOCS applicins were approved. This is looking tricky: how can we now refuse Mr Brazier? (Not to mention similar applications in the future).

Qw 185

I have been advised by the Secretary for the

Civil Service in Hong Kong that you are considering refusing the application of Mr. H.L. Brazier for membership of HMOCS on the basis that he was appointed to the Hong Kong Public Service after 28 March 1985. For your ease of

reference, I attach a copy of the memorandum from Secretary for the Civil Service to this effect.

I have had the opportunity of discussing this matter with Mr. Cox and Mr. Fish who were in Hong Kong recently in connection with other aspects of HMOCS.

I informed them that the memorandum of Secretary for the Civil Service of 15 April 1992 was the first intimation that the Judiciary had received regarding membership of HMOCS being restricted to those who joined the Public Service of Hong Kong prior to 28 March 1985.

I pointed out to them that rather than an intimation to this effect, we had received a contrary intimation by the enrolment in HMOCS of His Honour Judge Britton, District Judge, and Mr. J.M. Meredith, Magistrate, both of whom were appointed after 28 March 1985.

As I am sure you are aware, transfer to the permanent and pensionable establishment for expatriate judicial officers is still an open-ended commitment by the Hong Kong Government. The purpose of encouraging such transfers for suitable applicants is to give security of tenure for those not protected by the Letters Patent and to ensure continuity of service of judicial officers beyond 1997 and promoting stability thereby. For those whose tenure is prescribed by the Letters Patent, i.e. Judges of the Supreme Court and District Court, transfer to the permanent establishment is automatic, should they apply. For others, the application for transfer is considered by the Judicial Service Commission who tender such advice as they see fit, in respect of the application, to the Governor.