TNAG-2433-FCO40-3535-Hong-Kong-Her-Majesty-s-Overseas-Civil-Service-(HMOCS)-and-t-1992 — Page 27

Noted

on, HMOC) appocitments file

17 July 1992

HKA 233/5

PERSONAL &

CONFIDENTIAL

Bu 2017

HMOCS/JUDICIARY

Foreign & Commonwealth

Office

29

BY FAX ON

1917

Mad Wilkin

London SWIA 2AH

Pa.

Telephone: 071-

2017

Richard Hoare Esq

Government House

MONG KONG.

Dear Richard,

ENROLMENT OF JUDGES IN HMOCS: K T FUAD AND ME I KEMPSTER, JUSTICES OF APPEAL

1.

The Supreme Court Registry have recommended for the Secretary of State's approval the applications for enrolment in HMOCS of these two Justices of Appeal. Both were past normal retiring age (65) for the purposes of the Pension Benefits (Judicial Officers) Ordinance on the date of application. I enclose the papers.

2. HMOCS was established in 1954 for the purpose of providing an ongoing career to normal retiring age and to provide reassurance if circumstances should change and the expectations of that career should be defeated. This is not relevant to either of these two members of the Judiciary, given their age. Our Legal Consultant has commented that, unless there are relevant precedents, it would be open to the Secretary of State to refuse these applications on the grounds that the applicants are past normal retiring age. (We are checking whether there have been any precedents.)

3.

As you will know from our recent telegrams on allowing certain judges to join HMOCS, the Secretary of State seems to be of the view that members of the Judiciary are trying to play both ends of the system to their advantage. Given the legal advice, I am therefore inclined to recommend to the Secretary of State that he refuses these applications. (Normally the Secretary of State's approval is conveyed by a desk officer it is rare for us to refuse an applicant who apparently fulfills the conditions of enrolment we cannot recall a recent case.)

4.

-

However, before submitting, I wanted you to have the chance to consult the Governor

on the fall-out if we turn down the request. senior judges.

We appreciate that these are two very

Ye

eve

PF Ricketts

Hong Kong Department

Geler.