TNAG-2438-FCO40-3543-Hong-Kong-judiciary-appointments-1992 — Page 66

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(B) HONORARY JPS: THERE ARE A FEW JPS WHO, DUE TO AGE OR SICKNESS, CANNOT PERFORM ACTIVE VISITING DUTY BUT ARE STILL ON THE JP LIST. WE PROPOSE TO TAKE THE OPPORTUNITY TO INTRODUCE A NEW CLASS OF HONORARY JPS. THERE WAS A SIMILAR PRECEDENT IN CEYLON (NOW SRI LANKA) WHERE JPS WERE DIVIDED INTO 'UTILITY' JPS AND UNORIS CAUSA' JPS. THE HONORARY JPS WOULD NOT BE REQUIRED TO UNDERTAKE VISITING DUTY. THE ELEVATION OF A JP TO THE RANK OF 'HONORARY JP' UPON, SAY, 65 YEARS OF AGE WOULD BE CONSIDERED AS AN EXTRA HONOUR IN RECOGNITION OF THE APPOINTEE'S SERVICE AS AN ACTIVE JP IN PREVIOUS YEARS, IT WOULD ALSO ALLOW APPOINTMENT AS HONORARY JPS DISTINGUISHED MEMBERS OF THE COMMUNITY WHO ARE CURRENTLY NOT ELIGIBLE FOR APPOINTMENT BECAUSE OF THEIR AGE OR INABILITY TO PERFORM ACTIVE JP DUTY.

CHINA DIMENSION

5. ALTHOUGH THE RE IS NO REASON TO BELIEVE THAT CHINA WOULD BE OPPOSED TO MAKING LOCAL PROVISION FOR THE GOVERNOR'S POWER TO APPOINT JPS, IT WOULD BE SENSIBLE TO CONSULT CHINA TO ENSURE THAT A LOCALISED JP SYSTEM WILL ENDURE AFTER 1997. APART FROM GENERAL ARGUMENT IN FAVOUR OF DOING THIS THE CHINESE COULD REGARD OUR PROPOSALS AS FALLING WITHIN THE AGREED GUIDELINES FOR - CONSULTATION WITH THEM ON ADAPTATION AND LOCALISATION OF LAWS. A POSSIBLE HELPFUL INDICATOR IS THAT LU PING WAS QUOTED LAST YEAR BY THE PRESS AS SAYING THAT THE FUTURE HKSAR SHOULD ESTABLISH AWARDS SIMILAR TO THE PRESENT AWARDS SUCH AS OBE AND JP OFFERED

BY THE BRITISH GOVERNMENT.

6. BEFORE WE CONSULT EXCO AND THE CHINESE WE SHOULD BE GRATEFUL FOR YOU VIEWS ON OUR PROPOSAL TO AMEND ARTICLE XIV OF THE LETTERS PATENT AND TO PROVIDE FOR THE GOVERNOR'S POWER TO APPOINT JPS BY LOCAL LEGISLATION, AS SET OUT IN PARAGRAPH 3. ON TIMING,

ON TIMING, SUBJECT TO EXCO ENDORSEMENT AND CONSULTATION WITH CHINA, WE WOULD LIKE TO INTRODUCE THE JP ORDINANCE EITHER LATER THIS YEAR OF EARLY NEXT YEAR.

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