TNAG-2695-FCO40-3901-Hong-Kong-Judiciary-and-judicial-appointments-1993 — Page 17

KI

A

CONFIDENTIAL

tenure similar to that enjoyed by judges and that separate provisions for their discipline and removal should be embodied in legislation providing for their tenure of office. This legislation, the Judicial Officers (Tenure of Office) Ordinance, was enacted on 1 July, but has not yet come into

force.

B

4. Mr Goodlad and the Queen in Council have approved a draft

instrument to amend Article XVI of the Letters Patent to

provide that its provisions on discipline and dismissal from office of public officers in Hong Kong shall cease to apply to magistrates and judicial officers. However, before the

Ordinance and the amendments to the Letters Patent can become law it is necessary for the Secretary of State to approve

amendments to:

C

D

- the Colonial Regulations so that provisions on disciplinary matters which currently apply to all public officers (except judges) should in future exclude judicial officers and magistrates

the Disciplinary Procedures (Colonial Regulations) Regulations (regulations made by the Governor under the Colonial Regulations with the approval of the Secretary of

State).

5. If the Secretary of State agrees, these amendments will be

timed to come into force at the same time as the amendments to

the Letters Patent and the Judicial Officers (Tenure of

Office) Ordinance.

Prichatte

PF Ricketts

sos.crs/JUDICIARY/bp

CONFIDENTIAL