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The Chief Executive in Council (CE-in-Council) has decided to accept all the major recommendations of the Standing Committee on Judicial Salaries and Conditions of Service (Judicial Committee) in respect of the institutional framework and mechanism for the determination of judicial remuneration.
Stressing the utmost importance the Administration attached to upholding the principle of judicial independence, a government spokesman said today (May 20) that the acceptance of all the major recommendations of the Judicial Committee confirmed the commitment to this principle and would further strengthen the administration of justice.
Independent advisory body
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As recommended by the Judicial Committee, we will establish a new system for the determination of judicial remuneration. Judicial remuneration will be fixed by the Executive after considering recommendations by an independent body.
In advising on judicial remuneration, the independent body should adopt a balanced approach, under which a basket of factors will be considered, including private sector pay levels and trends; the responsibility, working conditions and workload of judges vis-ⷳ-vis those of lawyers in private practice; the benefits and allowances enjoyed by judges and judicial officers (JJOs); the retirement age of the JJOs; recruitment and retention in the Judiciary; public sector pay as a reference; cost of living adjustments; the general economic situation in Hong Kong; and prohibition against return to private practice in Hong Kong.
The Judicial Committee further recommends that the independent body should adopt a procedure which is transparent, and make public its recommendations to the Executive. The existing Judicial Committee should be expanded to perform the functions intended for the independent body.
As to its composition, the Administration accepts the Judicial Committee's recommendation that the independent body should comprise seven non-official members, with one practising solicitor and one practising barrister, but no serving or retired judges.
Statutory standing appropriation
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The spokesman said the essential conditions of judicial independence included security of tenure, financial security and the institutional independence of the Judiciary.
"The Administration agrees with the Judicial Committee that a standing appropriation provides an important institutional guarantee for the financial security of the Judiciary. We will in due course introduce legislation to provide for a standing appropriation to meet the payment of judicial salary," the spokesman said.
Legislation prohibiting reduction in judicial remuneration
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"The Judicial Committee recognises the need to avoid political pressure being put on the JJOs through salary cuts but does not consider it essential to adopt this recommendation at this point in time. The Administration agrees with the Judicial Committee's view.
"We accept that reduction in civil service salary (and as a corollary, reduction in judicial salary) can only be implemented by way of legislation," the spokesman added.
Interim Arrangement for the 2008-09 Judicial Service Pay Adjustment Exercise
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"Our aim is to put in place the new system for determination of judicial remuneration so that the expanded Judicial Committee will be in a position to offer its advice in time for the pay adjustment exercise in 2009-10," the spokesman said.
For the 2008-09 Judicial Service Pay Adjustment, the CE-in-Council has decided to adopt an interim arrangement. The current pay differentials between the civil service and the JJOs should be taken into account, and a pay rise should be offered for the JJOs to bring their pay to the same level as their civil service counterparts in dollar terms, if the 2008-09 pay adjustment rate for the upper band and directorate civil servants results in civil service pay higher than that of the JJOs at comparable level(s).
The CE-in-Council has also decided that the pay reductions applied to the civil service in 2002-03, 2003-04 and 2004-05 should be permanently set aside in considering judicial service pay adjustments this year and in the future.
The Judicial Committee was tasked by the CE to undertake an independent study on the appropriate institutional structure, mechanism and methodology for determining judicial remuneration in Hong Kong. It has reviewed the recommendations of the Judiciary based on the Consultancy Report on the System for the Determination of Judicial Remuneration prepared by Sir Anthony Mason. The Judicial Committee submitted its report to the CE in November 2005.
The Judicial Committee is presently chaired by Mr Christopher Cheng Wai-chee, with Mr Henry Fan Hung-ling, Dr Victor Fung Kwok-king, Ms Jacqueline Pamela Leong and Mr Herbert Tsoi Hak-kong as members. During the time the Judicial Committee conducted the independent study, Mr Anthony Francis Neoh was a member.
Ends/Tuesday, May 20, 2008
Issued at HKT 16:00
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