TNAG-2487-FCO40-3618-Future-relations-between-Hong-Kong-and-China-1992 — Page 182

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14

(a) Judicial

84-86).

Service Commission (Chapter IX pages

The Report refers to Article 88 of the

Basic Law and to the recent amendments made to the

Judicial Service Commission Ordinance (Cap.92).

It recommends that the Commission be restricted to

its previous composition (before the recent

amendments) but with the old requirement of unanimity being changed to require only 5

affirmative votes (out of 6).

inaccurate in several respects.

Commission

was established

The

the early 1970s.

came into force on 26

beginning of 1992 and

inaccuracies.

in

The Report is

For example, the

February 1976 not

amendments to Chapter 92

November 1990 not at the

there are other small

The Report also seems to confuse

quorum with majority required to

recommendation.

make

a

The previous composition was the Chief Justice

(Chairman), Attorney General, Chairman of the

Public Service Commission and 3 others appointed

by the Governor of whom one may be a High Court judge (total 6: quorum 3: unanimity required).

The new composition is Chief Justice (Chairman),

Attorney General and 7 others appointed by the

Governor of whom 2 shall be judges, one a

practising solicitor, one a practising barrister

and 3 who are not connected in any way with the

practice of the law (total 9: quorum 7: not more

than

dissenting voices permitted

2

recommendation to be made).

for