TNAG-2487-FCO40-3618-Future-relations-between-Hong-Kong-and-China-1992 — Page 173

(b)

5

Death penalty (Chapter IV: page 35:6). The Report draws attention to the Legislative Council's motion on 26 June 1991 calling for legislative

measures to be introduced to abolish the death penalty and replace it with life imprisonment.

a

result

prepared

The

(i)

(ii)

As

of that motion legislation has been

to abolish capital punishment for all

offences.

to provide that life imprisonment be the mandatory sentence for murder; and (iii) to make life imprisonment the maximum

treason, piracy with

sentence

for

violence and under the Emergency

Regulations Ordinance (Cap.241)

proposed legislation goes to ExCo on 19 May 1992 with a view to being introduced into LegCo on 24 June 1992.

(c)

Recruitment of High Court Judges (Chapter IV page 36). The Report states that recruitment to the High Court bench is mainly from the bar and that a solicitor is not eligible for appointment unless

he has served as a District Judge. incorrect since under section 9(2A) Supreme Court Ordinance (Cap.4) a solicitor of Hong Kong, England and

eligible if

This is

certain other jurisdictions is So

he has been employed for the previous 2 years at least and in aggregate for at least 5 years in the service of the Crown in Hong Kong on judicial or legal work and has had at least 10

court practice or

years'

such employment

beforehand.

There are a number of High Court

judges who have followed this route.