CONFIDENTIAL
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3
8.
The Bill provides that if it is represented to the CJ that a judicial officer other than a Supreme Court judge or a District Court judge is unable to discharge his duty or has misbehaved and the officer has failed to justify himself after he has been given an opportunity to make representations, the CJ shall appoint a board to investigate the matter.
The board shall comprise two Supreme Court judges (one of whom shall be Chairman) and a public officer. Upon receiving the report from the board that the allegations have been established, the Judicial Service Commission (JSC) may recommend to the Governor disciplinary measures ranging from reprimand
dismissal. The Governor may take any of
to
the disciplinary actions recommended or no action.
Proposed Amendments
9.
The disciplinary provisions under Article XVI of LPs, CRS 54 to 66 and Regulation 3 of the DP (CR) R (paragraph 7 above) apply to all public officers including judicial officers other than judges. Since the Bill will provide for disciplinary proceedings governing these judicial officers, it will be necessary to exclude them from Article XVI of LP, CRs 54 to 66 and Regulation 3 of the DP (CR) Rs.
(a)
10.
Letters Patent
We
therefore propose the following addition to Article XVI of LP:
have. But
10
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Mc create. I
For
or
The
"(2) This Article shall not apply to a person holding
any of the following offices in the Colony
"Registrar
of
Court;
the Supreme Court; Deputy Registrar,
Supreme
Assistant Registrar, Supreme Court; Member of the Lands Tribunal (being a member who is in full-time service of the Crown); Principal Magistrate; Magistrate;
Officer, Labour Tribunal; Adjudicator, Small Claims Tribunal; Coroner; Special Magistrate; President, Lands Tribunal; Presiding Officer, Lands Tribunal."
Presiding
above list is extracted from the First Schedule of the Judicial Service Commission Ordinance (Annex E). The order of the list is rearranged for clarity.
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Private notes are available after approval.