committee in the event that a CE declines to resign after LC passed a motion to

Committee in the event that a ce declines to resign

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committee in the event that a CE declines to resign after LC passed a motion to investigate him on a serious breach of law or dereliction of duty - Recommend CE the candidates for appointment to tribunals established to investigate allegations against sitting judges before they can be dismissed - Join with CE and president of LC to nominate candidates for appointment by NPCSC as HK members of BL Committee Eligibility: - Permanent resident of HKSAR with no right of abode in any foreign state - A superior court judge or barrister practiced as a bar or solicitor in HK for no less than 10 years Permanent Judge (CFA): Full-time judge 3 on court at any one time Same qualification as CJ, except may hold right of abode in a foreign state Hold office until statutory retirement age (65) Non- permanent judges - Part-time - HK/ overseas (common law jurisdiction) - BL 82: overseas common law judges are to be appointed to the CFA/ invite - Reflect confidence placed in HK’s judicial system by other major common law jurisdictions> important factors in preserving confidence in the independence of the Judiciary of HK - No retiring age Chen Li Hung v Ting Lei Miao - Function of overseas common law judges: give consideration to whether proposed decision of the court is in accord with generally accepted principles of the common law Secretary for Justice Rimsky Yuen SC - Facilitates cross-fertilisation between HKSAR and other common law jurisdictions - Presence of leading judges from other common law jurisdiction is a strong testimony of the independence
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of our Judiciary - All judges of CFA( CJ, permanent and non-permanent judges) are not entitled to return to legal practice as a barrister or solicitor in HK Shortage of Judges Recorder of HC and deputy HC judge - Part-timers appointed to relieve the heavy caseload of CFI - Have qualification for appointment as a full-time HC judge - Recorders: recruited from practicing Senior Counsel - Deputy judges: recruited from Senior Counsel or retired Justices of Appeal and HC judges - Exercises all the jurisdiction, powers and privileges and shall have and perform all the duties of a judge of CFI - Bring external expertise and new perspectives to judicial process Shortage of Judges: - Judiciary’s heavy dependence on deputy judges create an impression detrimental to public’s confidence in the Judiciary that these non-tenured part-timers “will play safe and avoid making controversial decisions even when appropriate” in order to stay in office or seek promotion” - High frequency of superior court cases heard by deputy judges > shortage of judges as transition from Inner Bar to the Judiciary entails substantial cut in earnings CJ of High Court + Vice- president of the CA and Justice of Appeal +high court judge (6.78-85) CJ Ma - Imperative that quality of the Judiciary should be of the highest possible standard - The Judiciary has written to the Government with proposals to improve the conditions of services of judges - Ongoing review of statutory retirement age of judges( Sir
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