TNAG-2695-FCO40-3901-Hong-Kong-Judiciary-and-judicial-appointments-1993 — Page 85

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

a particular view to 1 July 1997 when the exercise of

sovereignty over Hong Kong is resumed by the People's Republic

of China, it is proposed to make separate provision for their

discipline and removal under local legislation. A Hong Kong

bill has been prepared for this purpose, the Judicial Officers

(Tenure of Office) Bill. It is provided in Letters Patent

XIV (1) that public officers hold their offices during the

Crown's pleasure, unless otherwise provided by law. The Bill

makes such provision.

4. In consequence of the proposal, amendments are required to

the principal Letters Patent Article XVI to provide that its

provisions on discipline and dismissal from office of public

officers in Hong Kong shall not apply to the judicial officers

listed in the draft Letters Patent. If made, the Letters

Patent and the Bill would be brought into effect on the same

day. The draft Letters Patent would come into operation upon

publication in the Hong Kong Gazette.

The draft instrument has been prepared in consultation with

the Hong Kong Government which is content with it.

5.

Parliamentary Procedure

6. The draft instrument is not subject to any Parliamentary

procedure.

Shelagh Brooks

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