TNAG-2695-FCO40-3901-Hong-Kong-Judiciary-and-judicial-appointments-1993 — Page 49

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3731

9 August 1993

(By Fax)

Miss Annie Tam Administration Wing Government Secretariat Lower Albert Road Hong Kong

Foreign & Commonwealth

Office

60

London SWIA 2AH

Telephone: 071-

2702652

*KA373/1

LAUG 1993

Dear Anne,

JUDICIAL OFFICERS (TENURE OF OFFICE) ORDINANCE: AMENDMENTS TO THE LETTERS PATENT AND COLONIAL REGULATIONS

$7

Thank you for your letter of 5 August. Further to my letter

of 14 July, our Legal Counsellor has now considered the points which you made about the amendments to the Colonial Regulations.

Having considered the matter further, our Legal Counsellor is content for the amendments which you proposed to the Colonial Regulations to be made. However, I enclose a copy of her minute on this subject for your information which will give you an insight into the concerns which she held about these amendments.

On the amendments to the DP (CR) Rs, our Legal Counsellor has queried whether it is right to delete the whole of paragraph 3. Paragraph 3(2) should certainly be deleted, but it seems that paragraph 3 (1) should remain, but be amended along the lines of the amendment to CR 54 (6). DP (CR) Rs 2 and 3 (1) are very similar to CR 54 (1) and (6). If paragraph 3(1) of the DP (CR) RS is deleted, then assuming that the relevant judges and judicial officers are pensionable, the DP (CR) Rs would continue to apply to them. I would be grateful for your comments on this point before we proceed.

As you know the amendments to the Letters Patent were approved at the Privy Council meeting on 20 July and have been sent through the usual channels for the Queen's signature. Once we receive the signed copies back, we will submit the amendments to the CRS and DP (CR) Rs to the Secretary of State.

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