CONFIDENTIAL
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Kong do not enjoy the same security of tenure of office as judges. Unlike judges, whose tenure of office is governed by specific provisions under Article XVIA of the Letters Patent,
magistrates and other judicial officers are initially employed
on contract and may be subsequently re-employed on contract or
on permanent terms. They are also subject to the general
disciplinary provisions applying to all public officers under Article XVI of the Letters Patent and the Colonial Regulations
and may be removed for misconduct. These disciplinary provisions do not apply to judges. A judge may only be removed from his office due to inability to discharge the functions of his office or for misbehaviour, after an investigation has been carried out by a tribunal appointed by the Governor and the question of removal has been considered
by the Judicial Committee of the Privy Council.
4. In 1987, the Hong Kong Executive Council approved a
package of measures designed to enhance the independence of
the Judiciary and to improve the conditions of service of judicial officers. As part of this package, it was proposed that magistrates and other judicial officers should receive
security of 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.
5.
The Hong Kong Government have now introduced into the Legislative Council the Judicial Officers (Tenure of Office) Bill which will give effect to the above proposal. Mr Goodlad has already 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 not apply to magistrates and judicial officers.
However, before the Bill can become law it is also
necessary for the Secretary of State to approve amendments to:
sos.crs/JUDICIARY/bp
CONFIDENTIAL
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