Rule of law: The Government stresses the Judiciary's needs and those of the court system will be a top priority in resource allocation when there are economic constraints.

The Basic Law has provided constitutional safeguards to ensure the Judiciary's independent operation. To uphold the rule of law, the Judiciary's needs and those of the court system will have top priority in resource allocation when there are economic restraints.

Responding to the Legislative Council Panel on Administration of Justice & Legal Services' concern on the budgetary arrangements for the Judiciary, the Government stressed it will also observe the relevant provisions of the Beijing Statement of Principles of the Independence of the Judiciary.

While the Judiciary is exploring options to address the impact of savings measures, legislators have put forward suggestions to offer the Judiciary greater flexibility and autonomy in preparing its budget.

They include:

* protecting judicial remuneration by statute in line with other jurisdictions in which judicial independence is given constitutional importance, as recommended in Sir Anthony Mason's Consultancy Report on System for the Determination of Judicial Remuneration;

* consulting the Judiciary on what savings targets may be compatible with the proper administration of justice, while not imposing savings targets set for bureaux and departments;

* giving the Judiciary autonomy to prepare its own budget on the basis of objective yardsticks, such as existing resources, projected needs, workload and staff remuneration;

* adopting as a rule of practice the point that the Judiciary's budgetary proposals will not normally be reduced;

* establishing a consolidated fund in due course to cater for the Judiciary's specific resource needs, such as the payment of judicial remuneration; and

* giving serious consideration to the Chief Justice's views with respect to the Judiciary's 2006-07 budget.

Lawmakers also suggested the Administration review the existing arrangement for setting savings targets to be achieved by the Judiciary and determining the Judiciary's approved provisions in the annual resource-allocation exercise.