TNAG-2438-FCO40-3543-Hong-Kong-judiciary-appointments-1992 — Page 92

(b)

CONFIDENTIAL

4

Colonial Regulations

11.

For

the same reason,

we suggest that CR 54(6) of Appendix II of Part I of the CRS be amended as follows

12.

"(6) Regulation 54 to 66 shall not apply to a person

holding any of the following offices:-

Supreme

Court;

Judge of the Supreme Court or District Court; Registrar of the Supreme Court; Deputy Registrar,

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, Tribunal; Adjudicator, Small Claims Tribunal; Coroner: Special Magistrate; President, Lands Tribunal; Presiding Officer, Lands Tribunal."

Presiding

Labour

Consequential amendment to CR 65 is also required by replacing the reference to "Section 6 (2) of the Public Services Commission Ordinance" with "Section 6(2)(a) and (c) to (e) of the Public Service Commission Ordinance".

(c)

13.

Repeal of Regulation 3 of the

Disciplinary Proceedings

(Colonial Regulations) Regulations (DP (CR) R)

DP (CR) R are made by the Governor under Regulations 56, 57 and 65 of Appendix II of Part I of the CRS and with the approval of the Secretary of State.

By virtue of Regulation 3 thereof, DP (CR) R apply to judicial officers other than judges. Subject to your agreement, we shall ask the Governor's approval for repealing Regulation 3 upon enactment of the Bill.

Further Consultation with the Chinese

14.

The advice of the Political Adviser and UKREP JLG has been sought on whether the Chinese side needs to be further consulted on the bill. They advised that this would not be necessary. If after gazetting the bill, the Chinese were raise the matter, we could point out that the proposals in the bill had been agreed by them in 1988.