TNAG-2695-FCO40-3901-Hong-Kong-Judiciary-and-judicial-appointments-1993 — Page 92

Colonial Requlations Amendments

5. The changes to the Colonial Regulations should really come into force at the same time as the Letters Patent amendments come into force. The amendment to the Colonial Regulations should reflect the change made to the Letters Patent. Appendix 2, CRS54 (6) (but see paragraph 6 of this minute) should accordingly be amended to read:

6.

Part I,

(6) Regulations [54]-66 shall not apply to any person holding any of the following public offices:

Judge of the Supreme Court or the District Court; Registrar of the Supreme Court;....." etc.

The list should continue, following the order set out in the Letters Patent amendment to Article XVI.

Letters Patent XIV (1) provides that judges, JPS and other public officers hold their offices subject to the pleasure of the Crown. This is in conflict with Colonial Regulation 54(6) which provides that Regulations 54-66 shall not apply to judges of the Supreme Court or District Court. Regulation 55 which provides for an officer to hold office subject to the Crown's pleasure therefore does not apply to judges of the Supreme and District Courts, and it is further proposed to exclude from Regulation 55 the list of judicial officers in the Hong Kong Government's suggested amendment to CR54 (6). Given the conflict with Letters Patent XIV (1) and that the Letters Patent Provision should prevail because of their superior status to the Colonial Regulations CR54 (6) should surely read:

"(6) Regulation 56 to 66 shall not apply to a person holding any of the following public offices:-

Judge of the Supreme or District Court; Registrar of the Supreme Court ...",

Please ask the Hong Kong Government for their views.

7.

Finally, according to paragraph 12 of Mrs Regina Ip's letter to Mr Ricketts of 14 April 1992, a "consequential" amendment to CR65 is also required. What is proposed is a replacement of the reference to "Section 6 (2) of the Public Services Commission Ordinance" with "Section 6 (2) (a) and (c) to (e) of the Public Service Commission Ordinance". I would like to know why it is consequential; it does not seem to me to be consequential. Why is it needed at all? Please also check this with the Hong Kong Government.

Shelagh Brocks.

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Shelagh Brooks