TNAG-2695-FCO40-3901-Hong-Kong-Judiciary-and-judicial-appointments-1993 — Page 94

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(iii) These Letters Patent will be referred to as the Letters Patent 1993 (No. 2). Our Legal Counsellor thinks that it would be wrong to refer to them as the Letters Patent 1993 (No. 1) because of the existence of the Letters Patent which were made earlier this year. Is this reference satisfactory to you?

Colonial Regulations

3. 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 your 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 - our Legal Counsellor thinks that CR54 (6) should 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

"

I would be grateful for your views on this point.

4.

According to paragraph 12 of Mrs Ip's letter to Mr Ricketts of 14 April, a "consequential" amendment to CR65 is also required. Please could you let me know why this proposal is consequential and why it is needed at all.

5. On a separate point, would it be possible to arrange for the Letters Patent and Royal Instructions to be re-printed to bring them up to date? Since they were last printed, there have been three further amending Letters Patent and two further amending Royal Instructions. If it is possible, it would be very helpful to have them re-printed after the latest amendments have come into force.

Yors sricerely

braget his влади

Bridget Paris

Hong Kong Department

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