TNAG-2738-FCO40-3951-Hong-Kong-Letters-Patent-1993-1993 — Page 61

NOTE FOR THE PRIVY COUNCIL

DRAFT HONG KONG LETTERS PATENT

1.

The purpose is to

An amendment is required to the Letters Patent, Article XVI

in order to provide that the provisions of Article XVI on

dismissal and discipline of public officers in Hong Kong do not

apply to certain judicial officers.

underline the independence of these officers. It is proposed

to make separate provision for their discipline and removal

under local legislation. A Hong Kong bill has been drafted for

this purpose.

It is provided in Letters Patent XIV (1) that

public officers hold their office during the Crown's pleasure,

unless otherwise provided by law. The bill makes such

provision.

2. The draft Letters Patent provide that Article XVI of the

principal Letters Patent is amended by numbering that Article

as Article XVI, paragraph (1) and adding a new paragraph (2)

which provides that paragraph (1) shall not apply to the

judicial officers who are listed in new paragraph (2). 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 on the date of publication in the Hong Kong

Gazette.