TNAG-2438-FCO40-3543-Hong-Kong-judiciary-appointments-1992 — Page 90

CONFIDENTIAL

2

Background

3.

The

package of

Executive proposals

Judiciary, to improve

B.

Council approved on 12 May 1987 a to enhance the independence of the its administration and the conditions of service of judicial officers. A brief note on these proposals is at Annex

One of the ExCo's decisions was that magistrates and other judicial officers other than judges (e.g. Presiding Officers of the Labour Tribunal, Registrars etc.) should be afforded security of tenure similar to that afforded to judges, except that they should first be required to serve a three-year probationary period.

4. 1988.

to

Negotiations with the Chinese were held in 1987 to Most of the proposals in the package were agreed by the Chinese side in October 1987. However the Chinese had considerable reservations about providing security of tenure judicial officers other than judges (mainly magistrates). They contended that according to Annex I, section III of the Joint Declarations, existing arrangements for removal of judicial officers other than judges should not be altered. response to this, the British side, with ExCo's agreement, handed over a consultation paper (Annex C) to the Chinese in February 1988 proposing that the existing arrangements for providing security of tenure to judicial officers other than judges should be enshrined in law. The Chinese confirmed their agreement to the consultation paper at JLG X in September 1988.

5.

While most of the proposals in the package have been implemented (see Annex B), the one relating to security of tenure of judicial officers has been outstanding for some time. The Judicial Officers (Security of Tenure) Bill seeks to put this outstanding proposal into effect.

Amendments to the Letters Patent and Others

6.

for

In order to embody in law the arrangements providing security of tenure to judicial officers it is necessary to amend the LPs, CRS and DP (CR) Rs.

1.

At present, the security of tenure of Supreme Court judges and District Court judges is provided by Article XVIA of LP which provides that a judge retains his office until retiring age, unless he is alleged to be unable to discharge the functions of his office or to have misbehaved whereupon a tribunal must be appointed to investigate the matter. Other judicial officers including magistrates are not covered by this Article and are subject to Article XVI of LP, which empowers the Governor to dismiss, suspend or discipline any public officers.

CRs 54 to 66 and Regulation 3 of the DP (CR) R (Annex D) provide some protection by requiring investigation to be carried out before these officers are subject to disciplinary action.

judicial

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