Ɂࡗؒ̇ ઐᔈկࡗผంй Judicial Officers Recommendation Commission
2003 ͌፣ Contents
Ӱک Foreword ...... i
ࠒ Chapter Pages
Ɂࡗઐᔈկࡗผؒ̇ 1 The Judicial Officers Recommendation Commission ...... 1 Ð 7
կࡗผؿɮА 2 Work of the Commission ...... 8 Ð 9
ୄᄗؒࠖؒւʥୄᄗؒ 3 Chief Justice and the Court of Final Appeal ...... 10 Ð 14
ঢ়೩ؒ 4 High Court ...... 15 Ð 21
ਟؒʥɠΔᄗസ୮ਂ 5 District Court and Lands Tribunal ...... 22 Ð 27
സРؒdᄗസ୮ʥϋΐസРؒ 6 Magistrates’ Courts, Tribunals and Coroner’s Court...... 28 Ð 31
፣ڃ Appendix
α 7 ˂ 1 ˀϭ 2005 α 6 ˂ 30 ˀଊ։ͨ౨ʑ̇ؒɁࡗઐᔈկࡗผ˚ʥկࡗؿᓯዃ 2003 1 Bio-data of the Chairman and Members of the Judicial Officers Recommendation Commission for the current term 1 July 2003 to 30 June 2005...... 32 Ð 35
Έඖ̇ؒᓻϽؿؒց߬ұ 2 Statutory Requirements for Various Judicial Offices ...... 36 Ð 43 Ӱ Forewordک
Ɏcȹዟ͓ An independent Judiciary upholding the rule ofڬΕȹਝԭԹؿࡈ ࠗಋԞ႓ law is of cardinal importance to Hong Kong under theכؿdॶၐᙶؒ؝ؿ̇ؒዀᗐྦྷ ɺ principle of one country two systems. It is crucial thatقϭݯࠇ߬eᏵͨ՜ؿؒւ1 ̦̳ 1 ϊcፕ׆̇ؒɁɷؿɮ judges appointed are of complete integrity and highܨe܁ؒכd၀ځ standards of professional competence. The work in Аรݯࠇ߬e relation to judicial appointments is accordingly of great importance. ਂܧ࣓ኣਥ̯ؒcࠗಋऋПϷ .2 Under the Basic Law, judges of the courts of the .2 ܁ؿؒւcԷ̯ͅΔؿؒւdؒؒ ΊɁɡୂιؿዟ͓ Hong Kong Special Administrative Region shall beكɁɡʥԯˢʿࠍؿވ ւͨ՜e 1997 appointed by the Chief Executive on theٽܧկࡗผઐᔈcԎͅϷ α7˂1ˀċؒɁࡗઐᔈկࡗผι͓e recommendation of an independent commission կࡗผగܰਥ̯ؒɻད౨ผஉ͓ composed of local judges, persons from the legal ؿዟ͓կࡗผe profession and eminent persons from other sectors. On 1 July 1997, the Judicial Officers Recommendation Commission was established as the independent Ɂࡗઐᔈկࡗผంйcοؒ̇ٲೕ .3 commission contemplated by the Basic Law. Ε͚ˤկࡗผؿࠇ߬ɮАeȹͫկࡗผ c૪ၰؿࣂݒͅ 3. The objective of publishing a report of the Judicialٲαೕ 2003 כంйɰ 1997 α 7 ˂ 1 ˀϭ 2002 α 12 ˂ 31 ˀ Officers Recommendation Commission is to give an ؿܰɀͫկࡗผంйc૪ account of the important work of the Commission. TheٲeଊΕೕ˅ ၰؿࣂݒܰ 2003 αͲαe first report of the Commission, covering the period 1 July 1997 to 31 December 2002, was published in .ᒖಳΕ 2003 αӀτྦྷܺԒ̇ؒᓻ 2003. This is the second report and covers the year 2003 .4 ϽАˮͨ՜cЎ҈ࠨΕ̯ంйؿɍϭ 4. Although appointments to some judicial offices जΈज़ؒ̇ؒᓻϽؿͨړʒʑʋಳ were not made in the year 2003, we have retained the ՜ؿτᗐూ߸cᜑɣࡼྦྷկࡗผᓻᚬᆲ description of the different levels of courts in Chapters 3 ʑτᗐ̇ؒᓻϽؿͨ՜τͲࠍؿȿe to 6 so that a comprehensive picture of the judicial offices within the purview of the Commission is given. Ѵશͫంйॶ˥Бྦྷկࡗผؿɮ .5 АτҡΛؿȿe 5. I hope you will enjoy reading this report and that you will have a better understanding of the work of the Commission.
Ɂࡗઐᔈկࡗผ˚ Andrew Liؒ̇ ୄᄗؒࠖؒւbңਝॶ Chief Justice Chairman of the Judicial Officers Recommendation Commission
1 ւ¨§̇ؒɁࡗ¨eؒ§ܢ˳ւ¨Εϊؒ§ The reference to “Judges” includes both Judges and Judicial Officers.
i կࡗผ ȹ CHAPTER 1 The Commission
Ɂࡗઐᔈկࡗผؿୂι Constitution of JORCؒ̇
Article 48(6) of the Basic Law confers on the Chief 1.1 ܧʒ ૈልʀϷ ਥ̯ؒ̒ɊɄ 1.1 ւΕԗ๑ؒցೡѵɎͨЛΈज़ؒؒւ Executive the power and function to appoint or removeٽ ؿᓻᚬe࣓ኣਥ̯ؒɄɊɄૈcࠗ judges of the courts at all levels in accordance with legal ࠗಋऋਂ¨ؒؿؒ procedures. Article 88 of the Basic Law provides that§ਂܧಋऋПϷ Ɂɡʥԯ judges of the courts of the Hong Kong Specialވ܁ւcԷ̯ͅΔؒւdؒ ΊɁɡୂιؿዟ͓կࡗผઐ Administrative Region (“HKSAR”) shall be appointed byكˢʿࠍؿ ւͨ՜e the Chief Executive on the recommendation of anٽܧᔈcԎͅϷ independent commission composed of local judges, Ɂࡗઐᔈկࡗผ§կࡗผ¨ֶ persons from the legal profession and eminent personsؒ̇ 1.2 .ઐᔈկࡗผ¨ܰਥ̯ؒɄɊɄૈ from other sectors§ כད౨ผஉ͓ؿዟ͓կࡗผeկࡗผ 1997α7˂1ˀ࣓ኣࠗಋؒԝ92̇ 1.2 The Judicial Officers Recommendation Commission (“the Commission” or “JORC”) is the םɁࡗઐᔈկࡗผૈԝι͓cՅ౧ȿؒ ˀؿ̇ؒɁࡗ㟌͂կࡗผe independent commission contemplated by Article 88 of the Basic Law. It was established on 1 July 1997 under ઐᔈկࡗผؿᓻॶ the Judicial Officers Recommendation Commission Ordinance (Cap. 92) (“the JORC Ordinance”) in place .࣓ኣ̇ؒɁࡗઐᔈկࡗผૈ of the then Judicial Service Commission 1.3 ܧԝcկࡗผؿᓻॶȽగ˞ɎԑඖΉϷ ւొԜ෮ӮֶАˮઐᔈz Functions of JORCٽ
ॠؿිh 1.3 Under the JORC Ordinance, the functions of theيa) ̇ؒᓻϽ) ৻ૈͧొˮؿ͇߸c Commission are to advise and make recommendationsרb) ̇ؒɁࡗగ) ւᔝʍʀկ to the Chief Executive regarding ÐٽܧϤ͇߸ɌͅϷ ࡗผhʥ ;Ϸ (a) the filling of vacancies in judicial officesͅ˿ֶעc) ᄧᚊ̇ؒɁࡗϤ˿ʀ߯) ւᔝʍʀկࡗผؿͨЄԑඖe (b) such representations from a judicial officerٽܧ concerning conditions of service as may be referred ֺτ̇ؒᓻϽяढ़Ƀկࡗผؿᓻᚬ to it by the Chief Executive; and 1.4 Ɂࡗઐᔈؒ̇כᆲcԒᓻϽɰͶ (c) any matter affecting judicial officers which may be e 1 ٲڃկࡗผૈԝ prescribed or which the Chief Executive may refer to the Commission.
1.4 All Judicial Offices are within the purview of the Commission. They are specified in Schedule 1 to the JORC Ordinance.
1 ȹ CHAPTER 1
ઐᔈկࡗผؿկࡗ Membership of JORC
ୂιʥկͨ Composition and Appointment
๑̇ؒɁࡗઐᔈկࡗผૈ 1.5 As prescribed by the JORC Ordinance, theܘ 1.5 ԝcկࡗผͅ˞ɎɁɡୂιiͅୄᄗؒ Commission consists of the Chief Justice as the Chairman, the Secretary for Justice and seven other ̇ܧ܁ܢ˳ڬࠖؒւˮͨ˚cկࡗ ւկͨؿɁɡe members appointed by the Chief Executive, consistingٽܧʥԯˢ7ΊͅϷٽ̇ d of two judges, one barrister, one solicitor and three other܁Ίؒւd 1 Ίɣ 2 ܢ˳ 7 ΊɁɡ .ਨพಲᗐؿɁ persons who are not connected with the practice of law܁cʥ 3 Ίၤؒ܁Ί 1 ɡe 1.6 The Chief Executive is required by the JORC 1.6 τᗐկͨɣ܁ʥ܁ʿࠍcϷܧ Ordinance to consult the Bar Council of the Hong Kong Ɂࡗઐᔈկࡗผૈԝʗ Bar Association and the Council of the Law Society ofؒ̇ܘւٽ Пጺࠗಋɣ܁ʔผਨϷկࡗผʥࠗಋ Hong Kong regarding the appointment of the barrister ւୄʋ˿կͨ and the solicitor respectively. The Chief Executive mayٽܧผଉԑผcϷ܁ ԯˢӀτᏵɐ߸ਿพ྆ઐᔈؿɁɡe however appoint a person other than a person recommended by the respective professional bodies. ࣓ኣ̇ؒɁࡗઐᔈկࡗผૈ 1.7 ւʀ࣊ 1.7 As provided by the JORC Ordinance, an appointedٽܧԝcᏵկͨؿկࡗ˿ΉϷ ᔴ member may resign his office by notice in writing to the܃Ϥᖽᓻc˞ʥΕͨᓻ 2 αكࠍ ᓻcЎτ༅ࣟʹᏵկͨe Chief Executive and shall vacate his office after two years, but shall be eligible for re-appointment.
ಲ༅ࣟᏵկͨؿɁɡ Certain Persons Ineligible
Ɂࡗઐᔈկࡗผૈԝஃց 1.8 The JORC Ordinance provides that a person shallؒ̇ 1.8 Ɏ߸ɁɡɺᏵկͨݯկࡗผկࡗi͓ؒ not be appointed to be a member of the Commission if ؿᓻϽ he is a member of the Legislative Council; or he holds aټผᘪࡗcֶˮͨ˿Ԕτঽͤ ւᓻϽ̔ؿɁɡcϤᓻϽؿᑀ༭Ͳ pensionable office (other than the office of a judge) theؒ ˢܰ emoluments whereof are payable wholly or partly out ofڈֶʗܰͅʔͳνɃᖔ˟ؿc ۹cԎɰగԯଊࣂֺˮͨ public revenue, unless he is on leave prior to retirementکΕАঽ̳ͤ ৻౨ֺผ˟ˢؿঽͤ and has already received official notification of theרؿᓻϽֶᓻΨؿ ᙔԝ̔e pension which will be payable to him for service whichڬcّكಁᔾᏵ̳βټ comprised service in the office or post of which he is the holder.
2 ȹ CHAPTER 1
կࡗ Membership
1.9 ͨ౨ͅ 2001 α 7 ˂ 1 ˀϭ 2003 α 1.9 The Members of the Commission for the term from July 2001 to 30 June 2003 were re-appointed by the 1 כւٽܧˀؿկࡗผկࡗͅϷ 30 ˂ 6 2003α6˂ʹ۹կͨcͨ౨2αcଊࣂկ Chief Executive for another two-year period in June ࡗผؿιࡗΣɎz 2003. The current membership is as follows Ð
ಳ˚ʥಳկࡗ Ex officio chairman and member ୄᄗؒࠖؒւңਝॶ˚ The Honourable Chief Justice Andrew LI Kwok-nang (Chairman) ٽ̇̇ܧ܁ષෲɤɡ, GBM, JP The Honourable Elsie LEUNG Oi-sie, GBM, JP (Secretary for Justice)
ւؒ Judges ஹͰؒւ The Honourable Mr Justice Patrick CHAN Siu-oi ధᒄਥؒւ The Honourable Mr Justice PANG Kin-kee
ɣ܁ʥ܁ Barrister and solicitor ңҁ௩༅૯ɣ܁, JP Miss Gladys Veronica LI Chi-hei, SC, JP (barrister) ᇞКࡄ܁, JP Mr Herbert TSOI Hak-kong, JP (solicitor)
ਨพಲᗐؿɁɡ܁ၤؒ Persons not connected with the practice of law ඟਝɡ, GBS Dr Victor FUNG Kwok-king, GBS ஹ̷౸ͱ́, GBS, JP Mr CHAN Wing-kee, GBS, JP ࡄઠ, GBS, JPڌਜ਼ Professor CHANG Hsin-kang, GBS, JP
፣ȹe 1.10 Bio-data of the Chairman and members are atڃכʥկࡗؿᓯዃ༗˚ 1.10 Appendix 1.
3 ȹ CHAPTER 1
Procedure and Voting Requirements ڬҺஃٲೡѵʥ
ೡѵ Procedure
я̇ͅ 1.11 The procedure and voting requirements of theڬҺஃٲկࡗผؿೡѵʥ 1.11 Commission are laid down in the JORC Ordinance. The Ɂࡗઐᔈկࡗผૈԝஃဳe˚டؒ Chairman and no fewer than six other members may 6Ίԯˢկࡗ˿ϷԚʥਨϷկࡗผכɺʭ exercise and perform any of the functions, powers and ؿͨЄᓻॶdᚬɈʥᓻஐeݯկࡗผͨЄ duties of the Commission. For the purposes of any ผᘪؿ͌ؿcΣୄᄗؒࠖؒւɺॶਨ meeting of the Commission, if the Chief Justice is unable Ϸ˚ᓻ৻cˮωผᘪؿկࡗ˿ᔄҺ to act as Chairman, those members present at that ᘪկͨˢࠨԯɻͨЄȹɁອଉԯᓻ৻cԎ meeting may by resolution appoint any of their number ผᘪɻϷԚԎᄚ to act in his place and in so acting to exercise andכΣϊອଉᓻ৻ࣂcכ .Ϸ˚ؿֺτᓻॶeΣͨЄᏵկͨؿկࡗ perform all the functions of the Chairman at that meeting ւ If any appointed member is absent from Hong Kong orٽܧɺΕࠗಋֶɺॶਨϷկࡗᓻ৻cϷ կͨ̊ȹɁᅗࣂອଉկࡗؿᓻ৻e is unable to act, the Chief Executive may appoint another˿ person to act temporarily as a member.
Voting Requirements ڬҺஃٲ
Εկࡗผผᘪɻc˞ɎؿҺᘪЩᙔ 1.12 At a meeting of the Commission, a resolution is 1.12 τࢽz effective if Ð a) where 7 members are present, at least 5 vote in) ٲa) ɓτ7Ίկࡗˮࣂcʭτ5) Һᖳιh favour; b) where 8 members are present, at least 6 vote in) ٲb) ɓτ8Ίկࡗˮࣂcʭτ6) Һᖳιhʥ favour; and c) where 9 members are present, at least 7 vote in) ٲc) ɓτ9Ίկࡗˮࣂcʭτ7) Һᖳιe favour.
࣊ࠍҺᘪ Written Resolutions
ΕԎಲผᘪᐾϷؿੱؗɎcկࡗผ 1.13 A resolution of the Commission without a meeting 1.13 ࣟc͚ may be put to the vote of the members by circulating aٲҺٲؿҺᘪ˿ᔄੀҺᘪউ࣐ட draft of the resolution with a voting paper; may be voted ٲҺh˿ᔄկࡗΕٲʀկࡗඨቇϤͅկࡗ on by a member by signing the voting paper and ٲࣟɐᖋອʥੀԯ͚Αկࡗผो࣊ϤٲҺ returning it to the Secretary to the Commission; and is ҺhʥΕ˞ɎੱؗcЩᙔτࢽz effective if Ð
ࣟɐᖋອ (a) where 7 members sign the voting paper, at least 5ٲҺٲa) ɓτ 7 ΊկࡗΕ) ;Һᖳιh votes are in favourٲࣂcʭτ 5 ࣟɐᖋອ (b) where 8 members sign the voting paper, at least 6ٲҺٲb) ɓτ 8 ΊկࡗΕ) Һᖳιhʥ votes are in favour; andٲࣂcʭτ 6
4 ȹ CHAPTER 1
ࣟɐᖋອ (c) where 9 members sign the voting paper, at least 7ٲҺٲc) ɓτ 9 ΊկࡗΕ) .Һᖳιe votes are in favourٲࣂcʭτ 7
ЩԚτ 1.13 ݒؿஃցcΣτͨЄ 1.14 Notwithstanding paragraph 1.13, a resolution is 1.14 not effective where any member notifies the Secretary, ो࣊ጽҺᘪᎶكࣟɐcٲҺٲկࡗΕ on the voting paper, that the resolution should be .ҺᘪЩᙔಲࢽe discussed at a meetingڬΕผᘪɐদሃc
ᚉᚬऩ Disclosure of Interestsׄ
Ɂࡗઐᔈկࡗผૈԝ༗τ 1.15 The JORC Ordinance contains provisions relatingؒ̇ 1.15 τᗐׄᚉᚬऩؿૈʼeɓկࡗผ̳గࠗಋ to the disclosure of interests. Where the Commission is ԝ 484 ࠗಋୄᄗؒૈԝ 7 exercising its functions in relation to the filling ofؒ vacancies under sections 7 and 8 of the Hong Kong ڈʥ8ૈτᗐկͨୄᄗؒͨؒւ Court of Final Appeal Ordinance (Cap. 484) (which ॠිcֶగيؿܞͨࠗಋؒւֺ provide for the appointment of permanent judges and ؿୄᄗؒࠖؒւؿܞԝ 14 ૈֺૈ non-permanent Hong Kong judges of the Court of Final ഼ݯֶ˿ڬ౨֝౨ϤϷԚԯᓻॶcͨ Appeal) or to the extension of the term of office of the ॠؿ࠰ፕɁؿկࡗcيଉΔ഼ݯිτᗐ Chief Justice under section 14 of that Ordinance, a ԯͨ౨̳Ᏽϣᄬ֝౨ؿկࡗcׄᚉ member who is or may reasonably be regarded as aֶ ߗᏵፕֶͨ౨Ᏽઐᔈ֝౨cˢܰЯᗙ෮અ candidate for selection to fill any such vacancy or whose կࡗ term of office is being considered for extension shallכՇկֶͨ֝౨cϤඖׄᚉত፣ ผؿผᘪ፣ʑeׄᚉᗙ෮અՇկֶͨ֝ disclose whether or not, if he were to be selected or if ౨ؿկࡗcɺၤկࡗผగկֶͨ֝ the extension of his term of office were to be ౨ֺАؿͨЄਆᘪc͛ɺగτᗐɐ߸ԑ recommended, he is willing to accept appointment or Һhʥగկࡗผྦྷկͨ the extension, and that disclosure shall be recorded inٲඖؿͨЄਐᕀ ౨഼ᙔЄੱؗϤցАˮؿͨЄਆ the minutes of the Commission’s meeting. A memberֶ֝ who discloses a willingness to accept an appointment ᘪֶτᗐɐ߸ԑඖؿਐᕀϤӰc഼ݯɺ or extension shall not take part in any deliberation of ॶਨϷկࡗᓻ৻e the Commission with respect to that appointment or extension and shall not vote on any question concerning ᒖಳؒԝԎಲஃցcЎկࡗผྡྷ 1.16 the same; and shall, with respect to any deliberation of ɐΕԯˢੱؗɎɖτፓΨᗘЍؿׄᚉᚬऩ the Commission concerning that appointment or cԝΣΕිঢ়೩ؒࠖؒւ extension as the case may be and any questionڬؿஃ .౦͂ɐ concerning the same, be treated as being unable to actڏ˾ॠࣂc༦يɐേؒؒւؿ eڬԒஃ 1.16 Although not required by law, the Commission has in practice applied similar requirements for disclosure of interests to other situations. The situations where such requirements have been relevant have been the filling of vacancies of the office of the Chief Judge of the High Court and vacancies of the Court of Appeal.
5 ȹ CHAPTER 1
ो࣊ Secretary
࣓ኣ̇ؒɁࡗઐᔈկࡗผૈ 1.17 Under the JORC Ordinance, the Secretary to the 1.17 ԝcկࡗผो࣊ݯʔᓻɁࡗcԎͅ Commission shall be a public officer appointed by the ւկͨeկࡗผो࣊ɺݯկࡗผ Chief Executive. The Secretary shall not be a memberٽܧϷ կࡗe of the Commission.
1.18 Since the establishment of the Commission, theقւȹٽܧկࡗผι͓˞ԞcϷ 1.18 ȹᓻؿɁ Chief Executive has appointed the current holder of theٽ৻ܧኪͨ̇ؒዀ࿚کկͨܰ ࢘ҁੜͱ́ Judiciary Administrator post as the Secretary. Mr Wilfredٽ৻ܧɡˮͨो࣊ėؒዀ࿚ Ϭ1999α6˂15ˀᏵկͨݯկࡗผो TSUI Chi-keung, the Judiciary Administrator, has been ࣊e appointed as the JORC Secretary since 15 June 1999.
կࡗผ༜Аؿؒցૈʼ Statutory Provisions Relating to the Operationכᗐ of JORC Ɂࡗઐᔈկࡗผૈԝ༗τؒ̇ 1.19 Ɏτᗐկࡗผ༜Аؿૈʼz 1.19 The JORC Ordinance contains the following˞ provisions relating to the operation of the Commission Ð (a) ࣓ኣૈԝcɓАˮ˞ɎϷcЩᙔ ༢ؒz (a) It is an offence under the Ordinance to Ð
෮ΉկࡗผֶͨЄկࡗొԜ (i) wilfully give false information to theܨ (i) മ༅ࢿ 8 ૈh Commission or any member (section 8); ւஈ˿cΉͨЄ (ii) publish or disclose, without the permission ofٽܧii) Σ̰Ϸ) ᏵᚬؿɁೕֶ̠ׄᚉΕ࣓ the Chief Executive, to any unauthorized̰ ኣ̇ؒɁࡗઐᔈկࡗผૈԝ person or otherwise than in the course of duty ၤ̇ؒɁࡗઐᔈկࡗผૈ the contents or any part of the contents of anyֶ ԝτᗐؿਨϷᓻஐؿ༦ೡɻֺ document, communication or information ੪ؿͨЄʼͧdֶ༅ࢿ which has come to his knowledge in the courseك ؿʑࢀֶʗʑࢀcֶΕਨϷ of his duties under or in connection with the ᓻஐؿ༦ೡ˞̔ೕֶ̠ׄᚉ JORC Ordinance (section 11); and ೩ʑࢀ 11 ૈhʥ (iii) influence or attempt to influence a decision of .(iii) ᄧᚊֶͬ྇ᄧᚊկࡗผؿҺց the Commission or any member (section 12) Єկࡗ 12 ૈeֶͨ
6 ȹ CHAPTER 1
b) կࡗผΕϷԚԯᓻॶֶᄚϷԯᓻஐ (b) Reports, statements or other communications) ւֶୄᄗؒࠖؒւ which the Commission may in the exercise of itsٽܧࣂΉϷ ͚ؿంйdஹ߸ֶ࣊ԯˢя functions or the discharge of its duties make to theొ ݯԔτऋᚬؿcɺੜԹੀԯ Chief Executive or to the Chief Justice shall be േஊೡѵɻеਦ 9 privileged in that its production may not be܁ΕͨЄؒ ૈe compelled in any legal proceedings (section 9).
(c) ΕৌྦྷկࡗผկࡗగԯਨϷկࡗ (c) A member of the Commission shall have the same Ϸ৽ protection and privileges in proceedings brought܁ᓻஐࣂАˮؿͨЄАݯؿؒ against him for any act done in the execution of his ړേஊɻcկࡗผկࡗԔτؿֶ ʥऋᚬcၤؒւਨϷԯᓻ৻Аˮ duty as such member as a judge has when acting .( in the execution of his office (section 10ޚʥऋᚬړАݯࣂֺԔτؿ 10 ૈe
7 կࡗผؿɮА ɀ CHAPTER 2 Work of the Commission
ઐᔈկࡗผؿɮА Work of JORC
1997α7˂1ˀ̳βն 2.1 The Commission formally commenced operationכկࡗผ 2.1 ༜АeτᗐઐᔈؿদሃʥҺցܰ on 1 July 1997. Discussions and decisions on ༦ผᘪ൬ϷcЎτࣂɖผᔄඨቇʼͧʿβ recommendations were made usually through meetings ൬Ϸe 2003 αcկࡗผͳ൬Ϸȿ 4 ωผ and occasionally by circulation of papers. In the year ᘪcංͳদሃȿ17ͫʼͧʥ༦ȿ43 2003, a total of four meetings were held at which 17 ඖҺᘪeϊ̔cɌඨቇȿԭͫʼͧ˞Ԝկ papers were discussed and 43 resolutions were passed. cկࡗผΕಲ൬Ϸผᘪؿ In addition, two papers were circulated for consideration܃ࡗϣᄬc ؗɎ༦ȿԭඖҺᘪe resulting in the passage of two resolutions without aੱ meeting. 2.2 2003 αcկࡗผઐᔈɁፕˮͨΈ ज़ؒؿ̇ؒᓻϽcϊ̔c͛గਂਟؒ 2.2 In the year 2003, the Commission made ւᓻज़˞ɎؿസРւʥ̇ؒɁࡗؿາ͂ recommendations on judicial appointments to differentؒ ಁࣂc˞ʥ levels of court. Further, in respect of Magistrates andૈټᔝݯᔾʥ˿Ԕঽͤͧૈ ᘪe Judicial Officers below District Judge level, theۺΕˢࠨؿາ͂ᙩ౨ԑɐొˮ ᘪؿ Commission made recommendations on transfers toۺαcկࡗผАˮઐᔈʥొˮ 2003 ɀʑe permanent and pensionable terms and renewals ofٲȹʥٲכωᅕcʗПͶ ᑹȹొؿܰcկࡗผ˿గΕͨؒւΕԷ contracts. Breakdowns of the recommendations made by the Commission in 2003 are shown in Table 1 and ۺ౨ొˮͨٽ༠̳ঽͤαᙍࣂᎶЯ֝ ᘪcЎկࡗผΕ 2003 αԎӀτАˮϊ೩ Table 2 respectively. It should be noted that the ւͨ౨ؿϣᄬe Commission may also make recommendations onؒٽ֝ extensions of service for judges beyond the normal retirement age but no such extension was considered in 2003.
8 ɀ CHAPTER 2
ȹi2003 αઐᔈɁፕˮͨ̇ؒᓻϽؿɁᅕٲ Table 1: Recommendations on Judicial Appointments Made in 2003
സРؒʥᄗസ୮ ୄᄗؒ ঢ়೩ؒ ਂਟؒ Magistrates’ Courts & Court of Final Appeal High Court District Court Tribunals
ٽͨؒւ ঢ়೩ؒ ࡈஊؒ ࡈஊؒ ਂਟؒؒւ ɠΔᄗസ୮ڈ Non-permanent Judge ࠖؒւ ؒւ ऋկؒւ District Judge President, Lands Chief Judge/ Judge of Recorder of Tribunal High Court Court of First Court of First Instance Instance
317641
ᘪؿωᅕۺ՜ؿԑփొԜͨڈɀi2003 αగٲ Table 2: Recommendations on Matters Other Than Appointment Made in 2003
ᘪؿᆲᕿ ωᅕۺАˮ Subject of Recommendations Number
ಁາ͂ૈټᔝݯᔾʥ˿Ԕঽͤ 4 Transfer to permanent and pensionable terms
ᙩ౨ 15 Renewal of contract
9 ୄᄗؒࠖؒւʥୄᄗؒ ɍ CHAPTER 3 Chief Justice and the Court of Final Appeal
ୄᄗؒࠖؒւ Chief Justice
ᓻ৻ʥஐͨ Duties and Responsibilities
ࠗಋୄᄗؒૈԝ484ஃ 3.1 The Hong Kong Court of Final Appeal Ordinance 3.1 ցcୄᄗؒࠖؒւܰ̇ؒዀ࿚ɾࠖc (Cap. 484) provides that the Chief Justice shall be the ဳଉʥਨϷԯˢؒ head of the Judiciary and shall be charged with theܧ߲ஐ̇ؒዀ࿚ؿϷ administration of the Judiciary and such other functions Δկʀˢؿᓻॶe࣓ኣૈԝஃցcୄᄗ as may be lawfully conferred on him. Under the same ࠖؒւˮͨୄᄗؒᄗРؒ Ordinance, the Chief Justice shall be President of the .e Court of Final Appealٽ
ኔؒʥؒԝஃց Constitutional and Statutory Requirements
3.2 Article 90 of the Basic Law and section 6 of the ਥ̯ؒȾɊૈʥࠗಋୄᄗؒ 3.2 Hong Kong Court of Final Appeal Ordinance stipulate ૈԝ6ૈஃցcୄᄗؒࠖؒւ that the Chief Justice of the Court of Final Appeal shall ͅἙਝಲֈजᚬؿࠗಋऋਂ̷ɔֲֈ be a Chinese citizen who is a permanent resident of the .ɻؿɻਝʔ̵ኪͨe HKSAR with no right of abode in any foreign country̵
ୄᄗؒࠖؒւֺԮௐؿؒց 3.3 The statutory professional qualifications for the 3.3 Chief Justice are stipulated in sections 12(1) and (2) of ਿพ༅ࣟcΕࠗಋୄᄗؒૈԝ12 the Hong Kong Court of Final Appeal Ordinance (see ፣ɀeڃӮעʥ(2)ૈɻɰ߯(1) Appendix 2).
αАˮؿͨ՜ Appointment Made in 2003 2003
αӀτАˮୄᄗؒࠖؒ 3.4 No appointment of the Chief Justice of the Court 2003 3.4 .ւؿͨ՜e of Final Appeal was made in 2003
10 ɍ CHAPTER 3
ୄᄗؒ Court of Final Appeal
1997α7˂1ˀ࣓ኣਥ 3.5 The Court of Final Appeal was established on 1כୄᄗؒ 3.5 ɊȾૈι͓eૈʼஃցcࠗಋ July 1997 pursuant to Article 19 of the Basic Law, which̯ؒ ୄᄗᚬeୄ provides that the HKSAR shall be vested withܢ˳ऋਂԔτዟ͓ؿ̇ؒᚬc ᄗؒܰࠗಋज़Пঢ়ؿɐേؒcԮτ independent judicial power, including that of final ࣓ኣࠗಋୄᄗؒૈԝልʀ̚ؿ̇ؒ adjudication. It is the highest appellate court in Hong ဳᑲᚬe Kong and has jurisdiction in respect of matters conferred on it by the Hong Kong Court of Final Appeal Ordinance. ୄᄗؒࠖؒܢ˳ୄᄗؒιࡗ 3.6 ւʥ3Ίͨؒւeୄᄗؒ˿࣓ኣ߬ 3.6 The Court of Final Appeal consists of the Chief ͨࠗಋؒւʥ ֶԯˢౝؒሬ Justice and three Permanent Judges. It may as requiredڈᑼᇼ -ͨؒւ˱ୄᄗؒؿᄗР invite non-permanent Hong Kong Judges and/or nonڈΔਂؿ͂ Ӯ 3.10 ݒe permanent judges from other common law jurisdictions to sit in the Court (see paragraph 3.10). ࠗಋୄᄗؒૈԝஃցcɐേ 3.7 ͅୄᄗؒᄗРʥസҺcϤୄᄗ 3.7 Under the Hong Kong Court of Final Appeal ᄗРͅ˞Ɏιࡗୂιz Ordinance, an appeal shall be heard and determinedؒ by the Court of Final Appeal constituted as follows Ð ȹܺכa) ୄᄗؒࠖؒւcΣˢͅ) a) the Chief Justice or a permanent judge designated) ͅڬΐͅ˞ߎ̰ॶˮɐേc ցؿͨؒւˤ౧ˢ˱ᄗ to sit in his place where the Chief Justice is notܞȹΊ Рh available for any cause to hear an appeal; b) 3Ίͅୄᄗؒࠖؒւկݢؿͨ (b) three permanent judges nominated by the Chief) ւhʥ Justice; andؒ -ፕԎͅୄᄗ (c) one non-permanent Hong Kong judge or one nonܥc) ͅୄᄗؒࠖؒւ) ͨࠗಋؒւֶ1 permanent judge from another common lawڈᑼᇼؿ1Ίؒ ͨؒ jurisdiction selected by the Chief Justice and invitedڈΊԯˢౝؒሬ͂Δਂؿ ւe by the Court.
11 ɍ CHAPTER 3
ͨؒւ Permanent Judges
ԝஃց Statutory Requirementsؒ
ͨؒւֺԮௐؿؒցਿพ༅ 3.8 The statutory professional qualifications for 3.8 (ࣟcΕࠗಋୄᄗؒૈԝ 12(1)ʥ permanent judges are stipulated under sections 12(1 ፣ɀe and (2) of the Hong Kong Court of Final AppealڃӮעɰ߯ૈ(2) Ordinance (see Appendix 2).
αАˮؿͨ՜ Appointments Made in 2003 2003
αӀτАˮୄᄗؒͨؒ 3.9 No appointment of permanent judge of the Court 2003 3.9 .ւؿͨ՜e of Final Appeal was made in 2003
ͨؒւ Non-permanent Judgesڈ
ࠗಋୄᄗؒૈԝஃցc͓߯ 3.10 The Hong Kong Court of Final Appeal Ordinance 3.10 ͨࠗಋؒւΊ௰¨ʥȹ§ԯˢౝ provides for a list of non-permanent Hong Kong judgesڈ§ȹ and a list of non-permanent judges from other commonڈͨؒւΊ௰¨cʥڈؒሬ͂Δਂ law jurisdictions, and sets a ceiling of 30 on the total ւɁᅕɺ൚༩ 30 Ίeؒͨ number of non-permanent judges.
3.11 In accordance with the Hong Kong Court of Finalڈࠗಋୄᄗؒૈԝஃցc 3.11 ւ˿࣓ኣ Appeal Ordinance, a non-permanent judge shall holdٽܧւؿͨ౨ݯ3αcЎϷؒͨ ͨؒւ office for a term of three years but that term may beڈᘪcੀۺୄᄗؒࠖؒւؿ ؿͨ౨֝ᙩȹωֶȹω˞ɐcҰωᙩ౨ݯ extended for one or more periods of three years by the Chief Executive acting in accordance with the 3 αe recommendation of the Chief Justice.
ԝஃց Statutory Requirementsؒ
-ͨࠗಋؒւֺԮௐؿؒցਿ 3.12 The statutory professional qualifications for nonڈ 3.12 พ༅ࣟcΕࠗಋୄᄗؒૈԝ12(3) permanent Hong Kong judges are stipulated under ፣ɀe section 12(3) of the Hong Kong Court of Final AppealڃӮעɰ߯ૈ Ordinance (see Appendix 2). ͨڈԞϬԯˢౝؒሬ͂Δਂؿ 3.13 3.13 The statutory professional qualifications for non- ւֺԮௐؿؒցਿพ༅ࣟcΕࠗಋؒ permanent judges from other common law jurisdictions Ӯעୄᄗؒૈԝ 12(4)ૈɰ߯ are stipulated in section 12(4) of the Hong Kong Court .(፣ɀe of Final Appeal Ordinance (see Appendix 2ڃ
12 ɍ CHAPTER 3
αАˮؿͨ՜ 2 Appointments2 Made in 2003 2003
๑̇ؒɁࡗઐᔈկࡗผ 3.14 On the recommendation of JORC, the ChiefܘւٽܧϷ 3.14 -ᘪcկͨ˞ɎԞϬԯˢౝؒሬ͂Δ Executive appointed the following persons as nonۺؿ ͨؒւz permanent judges from other common law jurisdictions ÐڈؿɁɡˮͨୄᄗؒਂ
շΊ ͨ౨ Name Term of Appointment
͢ဍʩቺᏲ 2003 α 7 ˂ 28 ˀÐ 2006 α 7 ˂ 27 ˀ The Right Honourable the Lord WOOLF 28 July 2003 Ð 27 July 2006 of Barnes
ܪᄤౣቺᏲ 2003 α 7 ˂ 28 ˀÐ 2006 α 7 ˂ 27 ˀ The Right Honourable the Lord SCOTT 28 July 2003 Ð 27 July 2006 of Foscote
ࠏԿഁᏲɡ 2003 α 7 ˂ 28 ˀÐ 2006 α 7 ˂ 27 ˀ The Right Honourable Sir Ivor 28 July 2003 Ð 27 July 2006 RICHARDSON
๑ਥ̯ؒʥࠗಋୄᄗؒ 3.15 In accordance with provisions of the Basic Lawܘ 3.15 ,2003α7˂ and the Hong Kong Court of Final Appeal OrdinanceכւɰٽܧԝؿஃցcϷૈ గϊ೩ͨ՜ᄩ͓ؒผ෮cԎɰంɻജ the Chief Executive obtained the endorsement of the ɣผ৻կࡗผ Legislative Council in July 2003 of these appointmentsٲɁ̵ͳਝͲਝɁ̵ˤ ௐ࣐e and reported these appointments to the Standing Committee of the National People’s Congress of the People’s Republic of China for the record.
ୄᄗؒ̇ؒ৻ւ Registrar, Court of Final Appeal
ࠗಋୄᄗؒૈԝஃցcୄᄗ 3.16 In accordance with the Hong Kong Court of Final 3.16 ̇ؒ৻ւ߲ஐဳଉୄᄗؒত Appeal Ordinance, the Registrar, Court of Final Appealؒ ୮e shall be in charge of the Registry of the Court of Final Appeal.
2 ͨࠗಋؒւʥ 6 ϽԞϬԯˢౝؒሬ͂Δਂؿؒڈα 7 ˂ʹ۹ͨ՜ 8 Ͻୄᄗؒ 2003 כᘪcۺୄᄗؒࠖؒւؿܘւٽܧϷ α 7 ˂d 2003 α 9 ˂ʥ 2004 α 1 ˂։e 2003 כւcӮ 3.11 ݒe 14 Ͻؒւؿࡈ̯ͨ౨cʗП Acting in accordance with the recommendation of the Chief Justice, the Chief Executive re-appointed in July 2003 eight non- permanent Hong Kong judges of the Court of Final Appeal and six judges from other common law jurisdictions. See paragraph 3.11. The original terms of appointment of these 14 judges expired in July 2003, September 2003 and January 2004.
13 ɍ CHAPTER 3
ԝஃց Statutory Requirementsؒ
ࠗಋୄᄗؒૈԝ 42(2)ૈஃ 3.17 Under section 42(2) of the Hong Kong Court of 3.17 Final Appeal Ordinance, the Registrar, Court of Final ցcୄᄗؒ̇ؒ৻ւֺԮௐؿ༅ࣟ Appeal shall possess the same qualifications as are ޚၤկͨঢ়೩ؒ̇ؒ৻ւֺ߬ұؿ required for appointment as the Registrar of the High .(፣ɀe Court (see Appendix 2ڃӮ
αАˮؿͨ՜ Appointment Made in 2003 2003
αӀτАˮୄᄗؒ̇ؒ 3.18 No appointment of Registrar, Court of Final Appeal 2003 3.18 .৻ւؿͨ՜e was made in 2003
14 ঢ়೩ؒ ̒ CHAPTER 4 High Court
ঢ়೩ؒ High Court
ঢ়೩ؒͅɐേؒࡈஊؒୂ 4.1 The High Court comprises the Court of Appeal 4.1 ιcԯ̇ؒဳᑲᚬʗПΕঢ়೩ؒૈ and the Court of First Instance. Their jurisdictions are e prescribed in sections 13 and 12 of the High Courtעԝ 4 13 ʥ 12 ૈ߯ Ordinance (Cap. 4) respectively. ঢ়೩ؒɐേؒᄗଉؿ࣐ͧcτ 4.2 4.2 The Court of Appeal hears appeals in civil and ࡈஊֶؒਂਟֺؒАˮؿ̵ԑֶרɺ criminal matters from the Court of First Instance and ɠΔᄗרͷԑРҺϤొˮؿɐേc͛τɺ the District Court, as well as appeals from the Lands സ୮ؿРҺϤొˮؿɐേeɐേؒ͛గ Tr ibunal. It also makes rulings on questions of law ਐᕀАˮസҺe܁ΈɎज़ؒొ͚ؿؒ referred to it by lower courts.
ࡈஊؒؿ̵ԑʥͷԑ̇ؒဳᑲᚬ 4.3 The Court of First Instance has unlimited 4.3 яӀτࠉԹeࡈஊؒ͛τɐേဳᑲᚬc jurisdiction in both civil and criminal matters. It also ’സРؒʥߗɳᄗസ୮ؿസցϤ operates as an appeal court for cases from Magistratesרᄗଉɺ .ˮؿɐേe Courts and a number of tribunalsొ
ঢ়೩ؒࠖؒւ Chief Judge of the High Court
ᓻ৻ʥஐͨ Duties and Responsibilities
ঢ়೩ؒࠖؒւܰঢ়೩ؒؿე 4.4 The Chief Judge of the High Court is the Court 4.4 eঢ়೩ؒࠖ Leader of the High Court and the President of the Courtٽኒcɖܰɐേؒؿ of Appeal. He is responsible for the administration of ဳଉcΉე̇ܧւ߲ஐঢ়೩ؒؿϷؒ the High Court and is accountable to the Chief Justice ዀ࿚ؿୄᄗؒࠖؒւ߲ஐeˢ߲ஐؒ who is the head of the Judiciary. He is responsible for ༅ؒࣂංॶਪτࢽΔ༜ؒ̇ړᆢ ensuring the efficient utilization of judicial resources and cԎ߲ஐగঢ়೩ؒؿ༜Аೕࢄʿࠍ court time, and for advising the Chief Justice on matters͂ ೪ԑփcΉୄᄗؒࠖؒւొԜ෮ of policy concerning the operation and development ofܧؿ Ӯe the High Court.
ኔؒʥؒԝஃց Constitutional and Statutory Requirements
ਥ̯ؒȾɊૈஃցcঢ়೩ؒ 4.5 Article 90 of the Basic Law provides that the Chief 4.5 ࠖؒւᎶͅἙਝಲֈजᚬؿࠗಋऋ Judge of the High Court shall be a Chinese citizen who ɔֲֈ̵ɻؿɻਝʔ̵ኪͨe is a permanent resident of the HKSAR with no right of̷ਂ abode in any foreign country.
15 ̒ CHAPTER 4
ঢ়೩ؒࠖؒւֺԮௐؿؒց 4.6 The statutory professional qualifications for the 4.6 Chief Judge of the High Court are the same as those for ޚਿพ༅ࣟcၤঢ়೩ؒؒւؿਿพ༅ࣟ eτᗐஃցɰΕঢ়೩ؒૈԝ 9 a Judge of the High Court. These are stipulated in .(፣ɀe section 9 of the High Court Ordinance (see Appendix 2ڃӮעɻ߯ૈ
αАˮؿͨ՜ Appointment Made in 2003 2003
๑̇ؒɁࡗઐᔈկࡗผ 4.7 On the recommendation of JORC, the ChiefܘւٽܧϷ 4.7 Executive appointed the Honourable Mr Justice Geoffrey ᘪcկͨ༞͓ؒւݯঢ়೩ؒࠖۺؿ MA Tao-li as the Chief Judge of the High Court with effect 2003α7˂14ˀΕષଽɻؒւ from 14 July 2003, upon the retirement of the Honourableכւcؒ ঽͤࣂն́ࢽe Mr Justice Arthur LEONG Shiu-chung.
4.8 In accordance with provisions of the Basic Law, ւ the Chief Executive obtained the endorsement of theٽܧ๑ਥ̯ؒؿஃցcϷܘ 4.8 α 7 ˂గͨ՜ᄩ͓ؒผ Legislative Council in July 2003 of the appointment and 2003 כɰ reported the appointment to the Standing Committee of ෮cԎɰంɻജɁ̵ͳਝͲਝɁ̵ˤ the National People’s Congress of the People’s Republic .ɣผ৻կࡗผௐ࣐e of China for the recordٲ
ɐേؒؒւ Justices of Appeal
ᓻ৻ʥஐͨ Duties and Responsibilities
ɐേؒؒւ߲ஐΉɐേؒ 4.9 The duty of a Justice of Appeal is to hear criminal 4.9 and civil appeals in the Court of Appeal. As ˮؿͷԑʥ̵ԑɐേ࣐ͧeΣτ߬cొ circumstances necessitate, he may also be asked to sit ɐേؒؒւ˿Εঢ়೩ؒࡈஊؒ as an additional Judge of the Court of First Instance of cԎ˞ࡈஊؒؒւӸʗ൬Ϸe the High Court.
ԝஃց Statutory Requirementsؒ
ɐേؒؒ 4.10 The statutory professional qualifications for aܢ˳ঢ়೩ؒؒւ 4.10 ւֺԮௐؿؒցਿพ༅ࣟcΕঢ়೩ judge of the High Court (which includes a Justice of ፣ɀe Appeal) are stipulated in section 9 of the High CourtڃӮעૈԝ9ૈɰ߯ؒ Ordinance (see Appendix 2).
16 ̒ CHAPTER 4
αАˮؿͨ՜ Appointments Made in 2003 2003
αӀτАˮঢ়೩ؒɐേؒ 4.11 No appointment of Justice of Appeal of the High 2003 4.11 .ؒւؿͨ՜e Court was made in 2003
ࡈஊؒؒւ Judges of the Court of First Instance
ᓻ৻ʥஐͨ Duties and Responsibilities
ࡈஊؒؒւ߲ஐࡈஊؒ̇ 4.12 A Judge of the Court of First Instance is responsible 4.12 ဳᑲᚬࠉʑؿͷԑʥ̵ԑ࣐ͧc˞ʥ for the hearing of criminal and civil cases which are withinؒ സРؒʥᄗസ୮ؿസցϤొˮؿ the Court of First Instance’s jurisdiction and for hearingרɺ ɐേe appeals from Magistrates’ Courts and Tribunals.
ԝஃց Statutory Requirementsؒ
ࡈஊؒؒ 4.13 The statutory professional qualifications for aܢ˳ঢ়೩ؒؒւ 4.13 ւֺԮௐؿؒցਿพ༅ࣟcΕঢ় judge of the High Court (which includes a judge of the ፣ Court of First Instance) are stipulated in section 9 of theڃӮע೩ؒૈԝ 9 ૈɰ߯ ɀe High Court Ordinance (see Appendix 2).
αАˮؿͨ՜ Appointments Made in 2003 2003
๑̇ؒɁࡗઐᔈկࡗ 4.14 On the recommendation of JORC, the ChiefܘւٽܧϷ 4.14 ᘪcկͨ˞ɎɁɡݯࡈஊؒ Executive appointed the following persons as Judges ofۺผؿ ւz the Court of First Instance Ðؒ
շΊ ͨ՜́ࢽˀ౨ Name Effective Date of Appointment
ؒւ 2003 α 8 ˂ 22 ˀעோ His Honour Judge Michael Anthony 22 August 2003 McMAHON
ʼᕲؒւ 2003 α 8 ˂ 22 ˀ׳ His Honour Judge Johnson LAM 22 August 2003 Man-hon
17 ̒ CHAPTER 4
շΊ ͨ՜́ࢽˀ౨ Name Effective Date of Appointment
ਜ਼ᐾॶؒւ 2003 α 8 ˂ 22 ˀ His Honour Judge Andrew CHEUNG 22 August 2003 Kui-nung
3 2003 α 9 ˂ 15 ˀ܁ঢ়༅૯ɣע࠷ Mr Michael Victor LUNN, SC 3 15 September 2003
2003 α 9 ˂ 15 ˀ܁༅૯ɣעᎏࣄ Mr Aarif Tyebjee BARMA, SC 15 September 2003
᮶Ϊϙ༅૯ɣ܁ 2003 α 9 ˂ 15 ˀ Mr Anselmo Francisco Trinidad REYES, 15 September 2003 SC
ሳว༅૯ɣ܁, JP 3 2004 α 4 ˂ 2 ˀ Mr Robert Ching TANG, SC, JP3 2 April 2004
ɐ߸7Ͻؒւؿͨ՜cܰԗኣ2002 4.15 These seven appointments were made pursuant 4.15 α 11 ˂ঢ়೩ؒࡈஊؒؒւࠖωʔ to the first open recruitment exercise for judges of the c̋τਂਟؒ Court of First Instance of the High Court launched inکາϤАˮؿeΕϊɾ׃ ॠɷผАʔ November 2002. Open recruitment had hitherto beenيɎज़ПؿؒؿᓻϽ˞ֶ .າe 2002 αċؒዀ࿚ၤ̇ؒɁࡗઐ limited to vacancies at and below the District Court level׃ ᔈկࡗผྦྷؒւؿͨ՜౦АᏎদcҺցঢ় A review conducted in 2002 by the Judiciary together with JORC, concerning the appointment of judges, had ׃ॠɖᎶʔي೩ؒࡈஊؒؿᓻϽ າe concluded that open recruitment should be extended to vacancies at the Court of First Instance of the High Court.
3 Щ˅ˮͨঢ়೩ؒࡈஊؒऋկؒւe܃ሳวͱ́, JP, ΕᏵͨ՜ݯࡈஊؒؒւ܁ঢ়ͱ́ʥ༅૯ɣע࠷܁༅૯ɣ Mr Michael Victor LUNN, SC, and Mr Robert Ching TANG, SC, JP, ceased to be Recorders of the Court of First Instance of the High Court upon their appointment as Judge of the Court of First Instance.
18 ̒ CHAPTER 4
ঢ়೩ؒࡈஊؒऋկؒւ Recorders of the Court of First Instance of the High Court
ᓻ৻ʥஐͨ Duties and Responsibilities
ӝɁਨพؿɁ 4.16 Recorders are practitioners in private practice whoވ܁ऋկؒւܰؒ 4.16 ɡcҰατᅕܱ౨Εؒᄗଉ࣐ͧe usually sit for a few weeks in a year. A Recorder has ऋկؒւԮτԎ˿ϷԚࡈஊؒؒւؿֺ and may exercise all the jurisdiction, powers and τ̇ؒဳᑲᚬdᚬɈʥऋᚬcʥਨϷࡈஊ privileges and perform all the duties of a judge of the .ؒւؿֺτᓻஐe Court of First Instanceؒ
ԝஃց Statutory Requirementsؒ
ऋկؒւԮௐؿؒցਿพ༅ࣟc 4.17 The statutory professional qualifications for 4.17 ၤ࣓ኣঢ়೩ؒૈԝ 9(1)ֶ 9(1A) appointment of Recorders are the same as for High (Ӯ Court Judges as stipulated under section 9(1) or 9(1Aޚկͨؿঢ়೩ؒؒւֺ߬ұؿૈ .(፣ɀe of the High Court Ordinance (see Appendix 2ڃ
αͨ՜ ʹ۹ͨ՜ Re-appointments/Appointments Made in 2003 2003
๑̇ؒɁࡗઐᔈկࡗผ 4.18 On the recommendation of JORC, the ChiefܘւٽܧϷ 4.18 ᘪcʹ۹կͨ˞ɎɁɡˮͨঢ়೩ؒ Executive re-appointed the following persons asۺؿ ࡈஊؒऋկؒւz Recorders of the Court of First Instance of the High Court Ð
շΊ ͨ౨ Name Term of Appointment
ᄪ৩༅૯ɣ܁ 2003 α 12 ˂ 1 ˀÐ 2006 α 11 ˂ 30 ˀ Mr Kenneth KWOK Hing-wai, SC 1 December 2003 Ð 30 November 2006
ષ͵ዅ༅૯ɣ܁ 2003 α 12 ˂ 1 ˀÐ 2006 α 11 ˂ 30 ˀ Miss Jacqueline Pamela LEONG, SC 1 December 2003 Ð 30 November 2006
ᎉᎶ༅૯ɣ܁ 2003 α 12 ˂ 1 ˀÐ 2006 α 11 ˂ 30 ˀ Mr Lawrence LOK Ying-kam, SC 1 December 2003 Ð 30 November 2006
˔̳Χ༅૯ɣ܁ 2003 α 12 ˂ 1 ˀÐ 2006 α 11 ˂ 30 ˀ Mr WONG Ching-yue, SC 1 December 2003 Ð 30 November 2006
19 ̒ CHAPTER 4
๑̇ؒɁࡗઐ 4.19 In addition, on the recommendation of JORC, theܘւ͛ٽܧϊ̔cϷ 4.19 ᘪcկͨ˞ɎɁɡˮͨঢ়೩ Chief Executive appointed the following persons asۺᔈկࡗผؿ ࡈஊؒऋկؒւz Recorders of the Court of First Instance of the High Court Ðؒ
շΊ ͨ౨ Name Term of Appointment
Еߗࣵ༅૯ɣ܁ 2003 α 12 ˂ 1 ˀÐ 2006 α 11 ˂ 30 ˀ Mr Benjamin YU, SC 1 December 2003 Ð 30 November 2006
፳Ͱࡄ༅૯ɣ܁ 2003 α 12 ˂ 1 ˀÐ 2006 α 11 ˂ 30 ˀ Mr Joseph P FOK, SC 1 December 2003 Ð 30 November 2006
ঢ়೩࣐ؒւ Masters of the High Court
ᓻ৻ʥஐͨ Duties and Responsibilities
ঢ়೩ؒ̇ؒ৻ւdঢ়ज़৹̇ؒ 4.20 The Registrar, Senior Deputy Registrars and 4.20 ৻ւ৹̇ؒ৻ւϷԚࡈஊؒʗ Deputy Registrars of the High Court exercise part of the ؿ̵ԑ̇ؒဳᑲᚬeˢࠨਨϷؿ̇ؒᓻ civil jurisdiction of the Court of First Instance. They carry ೡѵؿ out judicial duties such as hearing interlocutory andמᄗֶᓯ̳ڈΕʑܢ˳৻c ᇼc˞ʥΕؒʔ൬ϷฌࡻላിЅ summary applications in chambers and conducting͇ .ᚬСؿേஊ೩eˢࠨ͛˞ஊ assessment of damages and interpleader trials in courtجʥᄗଉʃ ,ിց࣐ւdࣵԑേஊ̇ؒ৻ւd̵ԑ They also exercise the jurisdiction of a Taxing Master ɐേ࣐̇ؒ৻ւͷԑɐേ࣐̇ؒ৻ Admiralty Registrar, Registrar of Civil Appeals and ւӸʗcʗПϷԚτᗐؿ̇ؒᄗଉᚬeϊ Registrar of Criminal Appeals. In addition, they have duties including taking evidence on commission, Շկͨ፣ܢ˳cˢࠨᑹֻኪȹԒᓻ৻c̔ determining appeals against the decisions of the Director ׂٽХອອ܁ؒרՅᖬኣd୮ଉɺ of Legal Aid on applications for legal aid, and supervising ХϤొˮؿɐേcʥဟΕࠗಋ܁ʀؒ the service of foreign process in Hong Kong. They are ༠ਟ̔̇ؒʼ࣊ؿೡѵ೩eˢࠨ߲͛ஐ also responsible for probate administration and the jury ဳଉፘଐֻፒؿԑփஷᄗࡗΊ௰e list.
20 ̒ CHAPTER 4
ϊɾ̔cঢ়೩ؒ̇ؒ৻ւᑹ 4.21 In addition, the Registrar, High Court administers 4.21 dɩᔾ፠ the High Court Suitors’ Funds, the Small Claims Tribunalټ߲ஐဳଉঢ়೩ؒേஊɁΦ ༅ᄗസ୮േஊ Suitors’ Funds, the Labour Tribunal Suitors’ Funds asټඦᄗസ୮േஊɁΦ cɌ˞ಳፘଐဳଉւ၀ुञ well as the Official Administrator’s Account and theټɁΦ ੩ّলଐሏ࣐͌ւؿӸʗcဳଉፘଐဳ Master-in-Lunacy Account in his ex officio capacity as ଉւሏ͌၀ुञ੩ّলଐሏ͌eঢ়೩ؒ Official Administrator and Master-in-Lunacy. He also keeps the professional Rolls of Barristers, Solicitors and܁d܁̇ؒ৻ւ߲͛ஐௐΦɣ .ʔᖬɁؿਿพΊ˫e Notaries Public
ਿพ߬ұ Professional Requirements
ঢ়೩࣐ؒւؿկͨ༅ࣟݯɺʭ 4.22 Ten years’ professional experience as a barrister or 4.22 ਿพe solicitor has been adopted as the minimum requirement܁ֶ܁αؿɣ 10 כ for appointment as a Master of the High Court.
αАˮؿͨ՜ Appointments Made in 2003 2003
αӀτАˮঢ়೩࣐ؒւ 4.23 No appointment of Master was made to the High 2003 4.23 .ؿͨ՜e Court in 2003
21 ਟؒʥɠΔᄗസ୮ਂ ʄ CHAPTER 5 District Court and Lands Tribunal
ਟؒ District Courtਂ
ਟ࣓ؒኣਂਟؒૈԝ 5.1 The District Court is established under the Districtਂ 5.1 336ι͓cԮτͷԑ̵ԑ̇ؒဳᑲ Court Ordinance (Cap. 336). It has both criminal and േஊ̇ؒဳᑲᚬeϊ̔c civil jurisdictions, including matrimonial jurisdiction. Itۥܢ˳ᚬcɖ also exercises limited appellate jurisdiction from tribunals ਟ࣓ؒ͛ኣΛඖૈԝcྦྷΈᄗസ୮ਂ and statutory bodies conferred on it by various ց྆ϷԚτࠉؿɐേ̇ؒဳᑲᚬeࡼؒ ordinances. The Family Court is a specialized court .ԑؒܰਂਟؒʑؿȹਿஐؒe within the District Court
ਟؒࠖؒւ Chief District Judgeਂ
ᓻ৻ʥஐͨ Duties and Responsibilities
ਟؒࠖؒւܰਂਟؒؿე 5.2 The Chief District Judge is the Court Leader ofਂ 5.2 the District Court. Apart from performing the duties of a ኒeˢȿ߬ᄚϷਂਟؒؒւؿᓻ৻ District Judge, the Chief District Judge is responsible ဳଉcԎ for the administration of the District Court and isܧcᑹ߲߬ஐਂਟؒؿϷ̔ Ήე̇ؒዀ࿚ؿୄᄗؒࠖؒւ߲ accountable to the Chief Justice who is the head of the ༅ؒࣂංॶ Judiciary. He is responsible for ensuring the efficientؒ̇ړஐeˢ߲͛ஐᆢ ਪτࢽΔ༜͂cԎ߲ஐగਂਟؒؿ༜А utilization of judicial resources and court time, and for advising the Chief Justice on matters of policy ೪ԑփcΉୄᄗؒࠖܧೕࢄʿࠍؿ concerning the operation and development of the District .ւొԜ෮Ӯe Courtؒ
ԝஃց Statutory Requirementsؒ
ਟؒࠖؒւֺԮௐؿؒց 5.3 The statutory professional qualifications for theਂ 5.3 ਿพ༅ࣟcၤ࣓ኣਂਟؒૈԝ 5 Chief District Judge are the same as those for a District Ӯ Judge which are stipulated in section 5 of the Districtޚկͨؿਂਟؒؒւֺ߬ұؿૈ .(፣ɀe Court Ordinance (see Appendix 2ڃ
αАˮؿͨ՜ Appointment Made in 2003 2003
αӀτАˮਂਟؒࠖؒ 5.4 No appointment of Chief District Judge was made 2003 5.4 .ւؿͨ՜e in 2003
22 ʄ CHAPTER 5
ਟؒؒւ District Judgesਂ
ᓻ৻ʥஐͨ Duties and Responsibilities
ਟؒؿͷԑʥ̵ԑ̇ؒဳᑲᚬ 5.5 The responsibilities of a District Judge are toਂ 5.5 ܰτࠉԹؿeਂਟؒؒւ߲ஐਂ adjudicate upon cases heard in the District Court which ਟؒؿ࣐ͧcАˮРҺeͷԑ̇ؒဳᑲ has a limited criminal and civil jurisdiction. As far as ᚬʿࠍcਂਟؒؒւঢ়˿Р୮ؿဟຑ criminal jurisdiction is concerned, the maximum ͷ౨ݯ 7 αeϬ 2003 α 12 ˂ 1 ˀcਂ sentence that can be imposed by a District Judge is ਟؒȹঁ̵ԑേஊؿ͇ॗࠉᔾɰᄈϭಋ seven years’ imprisonment. The general civil jurisdiction ྫྷ 100 ຒʏe of the District Court was raised to $1 million with effect from 1 December 2003.
ԝஃց Statutory Requirementsؒ
ਟؒؒւֺԮௐؿؒցਿพ 5.6 The statutory professional qualifications forਂ 5.6 ༅ࣟcΕਂਟؒૈԝ 5 ૈɰ߯ appointment as a District Judge are stipulated in section .(፣ɀe 5 of the District Court Ordinance (see Appendix 2ڃӮע
αАˮؿͨ՜ Appointments Made in 2003 2003
๑̇ؒɁࡗઐᔈկࡗ 5.7 On the recommendation of JORC, the ChiefܘւٽܧϷ 5.7 ᘪcկͨɎͶɁɡˮͨਂਟؒ Executive appointed the following persons as Districtۺผؿ ւĶ Judges Ðؒ
շΊ ͨ՜́ࢽˀ౨ Name Effective Date of Appointment
ᅩඈࣔΣɤɡ 2003 α 6 ˂ 30 ˀ Ms Queeny AU YEUNG Kwai-yue 30 June 2003
ஹϐᘚͱ́ 2003 α 6 ˂ 30 ˀ Mr Louis CHAN Kong-yiu 30 June 2003
дށɤɡ 2003 α 8 ˂ 22 ˀ Miss Marlene NG May-ling 22 August 2003
χԣᆋɤɡ 2003 α 10 ˂ 6 ˀ Ms Bebe CHU Pui-ying 6 October 2003
23 ʄ CHAPTER 5
ਟ࣐ؒւ Masters of the District Courtਂ
ᓻ৻ʥஐͨ Duties and Responsibilities
ਟؒ̇ؒ৻ւʥਂਟؒ৹ 5.8 In June 2000, two new ranks of Registrar, Districtਂ 5.8 Court and Deputy Registrar, District Court were created α 6 ˂உ 2000 כ৻ւԭณᓻज़ؒ̇ to set up a Master system in the District Court. The ȿ࣐ւԹ۹eਂਟ Registrar, District Court has the same power to hear͓ۺcԚਂਟ͓ؒ ̇ؒ৻ւԮτcԎϷԚਂਟؒؒ and determine all interlocutory applications, transact allؒ ᄗ͇ᇼ୮ଉֺτԑ৻ businesses and exercise all the authority and jurisdiction̳ڈʑכւ that may be transacted and exercised by a District Judge ؿ೩ᚬɈʥ̇ؒဳᑲᚬeϊ̔cˢ߲͛ in chambers. In addition, he undertakes quasi-judicial ဳܢ˳ԑփcܧஐ୮ଉᗘЍ̇ؒᓻ৻ʥϷ and administrative duties which include administering .e the District Court Suitors’ FundsټଉਂਟؒേஊɁΦ
ਿพ߬ұ Professional Requirements
կͨਂਟؒ̇ؒ৻ւʥਂਟؒ 5.9 There are no statutory requirements on the 5.9 ৹̇ؒ৻ւֺԮௐؿ༅ࣟԎӀτؒ qualifications for appointment as Registrar, District Court ؿᓻϽͅ˚ͨസРւˮ and Deputy Registrar, District Court. The former wasّکeעԝ߯ ሁݢؿΪખ normally filled by a Principal Magistrate and the latterޚസРւΕʃͅڬّ܃cϤͨ Ɏˮͨe by Magistrates under the cross-posting arrangement.
αАˮؿͨ՜ Appointments Made in 2003 2003
αӀτАˮਂਟ࣐ؒւ 5.10 No appointment of Master was made to the District 2003 5.10 .ؿͨ՜e Court in 2003
ɠΔᄗസ୮ Lands Tribunal
5.11 ɠΔᄗസ୮࣓ኣɠΔᄗസ୮ૈ 5.11 The Lands Tribunal is established under the Lands ԝ 17 ι͓cτɺૈԝֺልʀ Tribunal Ordinance (Cap. 17). It has jurisdiction under various ordinances and its jurisdiction includes dealing ܧؿ̇ؒဳᑲᚬc˿୮ଉै৻͇ॗdᔤց νΑɠΔֶΔძΐೕࢄϤಕࠤֺʻ˟ with tenancy claims, compensation assessments when֚ ؿဳଉԑփdٍय़dლ land is resumed by Government or reduced in value byذዾۺؿd dɠΔ development, building management matters, disputesٽʥЅࠤɐേ೩eɠΔᄗസ୮ͅ ᄗസ୮ؒւʥկͨؿԯˢιࡗୂιe and rating and valuation appeals. It consists of a president, presiding officers and such other members as may be appointed.
24 ʄ CHAPTER 5
President, Lands Tribunal ٽɠΔᄗസ୮
ᓻ৻ʥஐͨ Duties and Responsibilities
ɠΔᄗസ୮ؿე 5.12 The President is the Court Leader of the LandsܰٽɠΔᄗസ୮ 5.12 ኒe࣓ኣɠΔᄗസ୮ૈԝ 9 ૈcݯ Tr ibunal. Section 9 of the Lands Tribunal Ordinance provides that for the purpose of achieving consistency ȹߎcΣ܃کϷʿࠍܪ܁Ԛᄗസ୮Εؒ in the application of the law by the Tribunal, the President ˿ॶผࣹʥͨЄྩณޚႏݯͨЄ࣐ͧٽ shall endeavour, wherever practicable, to exercise the ሃᒨcֶΕᚋʥ͇ॗؿֲሔ jurisdiction of the Tribunal in any case which, in his܁шᗒؿֶؒ ԮτऋПࠇ߬ opinion, is likely to involve any new or difficult point ofܰ܃ಁᔾֶͨЄԯˢΐॖֶ Εʘྡྷ˿ϷᆲʑcသɈగ law or which, having regard to the nature or amount ofٽؿcֲ . the claim or any other factor, is of special importanceٽ࣐ͧϷԚᄗസ୮ؿ̇ؒဳᑲᚬe ȿ߬̔cᑹ߲߬ஐɠΔᄗസ୮ؿ Apart from sitting, the President is responsible for the ဳଉcԎΉୄᄗؒࠖؒւ߲ஐe administration of the Lands Tribunal and is accountableܧϷ to the Chief Justice. He is responsible for ensuring the ༅ؒࣂංॶਪؒ̇ړˢ߲͛ஐᆢ efficient utilization of judicial resources and court time, τࢽΔ༜͂cԎ߲ஐగɠΔᄗസ୮ؿ༜ and for advising the Chief Justice on matters of policy ೪ԑփcΉୄᄗؒࠖ concerning the operation and development of the LandsܧАೕࢄʿࠍؿ .ؒւొԜ෮Ӯe Tr ibunal
ԝஃց Statutory Requirementsؒ
5.13 ɠΔᄗസ୮ૈԝ4(2)ૈஃցc 5.13 Section 4(2) of the Lands Tribunal Ordinance ͅԯɻȹΊঢ়೩ؒؒւˮͨcԎ provides that the President shall be one of the Judgesٽ of the High Court and shall be appointed by the Chief ፣ɀeڃւկͨӮٽܧͅϷ Executive (see Appendix 2).
αАˮؿͨ՜ Appointment Made in 2003 2003
๑̇ؒɁࡗઐᔈկࡗผ 5.14 On the recommendation of JORC, the ChiefܘւٽܧϷ 5.14 ʼ Executive appointed the Honourable Mr Justice Johnson׳ᘪcկͨঢ়೩ؒࡈஊؒؒւۺؿ cͅ 2003 α 12 ˂1 LAM Man-hon, Judge of the Court of First Instance ofٽᕲݯɠΔᄗസ୮ ˀ́ࢽcઅ౧ͅ 1997 α 7 ˂ 1 ˀˮ the High Court, as President, Lands Tribunal with effect ؿঢ়೩ؒࡈஊؒؒ from 1 December 2003, in place of the Honourable MrٽɠΔᄗസ୮ͨ ւͨᚪзe Justice David YAM, Judge of the Court of First Instance of the High Court, who had been President of the Tribunal since 1 July 1997.
25 ʄ CHAPTER 5
ɠΔᄗസ୮ؒւ Presiding Officers, Lands Tribunal
ᓻ৻ʥஐͨ Duties and Responsibilities
ɠΔᄗസ୮ؒւɠΔᄗസ୮̇ 5.15 A Presiding Officer hears and determines matters 5.15 .ဳᑲᚬᆲʑؿԑփcԎగ೩ԑփА within the jurisdiction of the Lands Tribunalؒ ˮസցe
ԝஃց Statutory Requirementsؒ
5.16 ɠΔᄗസ୮ૈԝ4(3)ૈஃցc 5.16 Section 4(3) of the Lands Tribunal Ordinance Έਂਟؒؒւʥਂਟؒᅗկؒւcя provides that every District Judge and deputy District ንᔄԯֺͨᓻϽˮͨɠΔᄗസ୮ؒւӮ Judge shall by virtue of his office be a presiding officer .(፣ɀe (see Appendix 2ڃ
ɠΔᄗസ୮ιࡗ Members, Lands Tribunal
ᓻ৻ʥஐͨ Duties and Responsibilities
5.17 ɠΔᄗസ୮ιࡗ߲ஐᚹʥസҺɠ 5.17 A member, Lands Tribunal hears and determines Δᄗസ୮̇ؒဳᑲᚬᆲʑؿԑփcЎؒ matters within the jurisdiction of the Lands Tribunal other ᘪ than points of law, which are usually determined by theجሃᒨؿ܁̔eؒڬᘪجሃᒨ܁ .ɠΔᄗസ୮ؒւസցe Presiding Officerͅ
ԝஃց Statutory Requirementsؒ
5.18 ࣓ኣɠΔᄗസ୮ૈԝ4(4)ૈc 5.18 In accordance with section 4(4) of the Lands ֶਿพЅࠤ Tr ibunal Ordinance, a member of the Lands Tribunal may܁ͅ˿ɠΔᄗസ୮ؿιࡗ .(፣ɀe be a lawyer or a professional valuer (see Appendix 2ڃˮͨӮ
ᘪܰͅɠΔᄗ 5.19 As points of law are usually dealt with by Presidingجሃᒨ܁ؒכͅ 5.19 സ୮ؒւ୮ଉcΐϊcЅࠤιࡗȹঁܰ Officers, a valuer member is usually a Member of the τ೩ਿพ༅ Hong Kong Institute of Surveyors or holds an equivalentܛࠗಋಡ൴ነผผࡗcֶ ’ࣟcԎԮτʭ5αԑɠΔЅძؿ professional qualification, with at least five years Ɂɡe experience in the practice of land valuation.
26 ʄ CHAPTER 5
αАˮؿͨ՜ Appointments Made in 2003 2003
5.20 2003 αӀτАˮɠΔᄗസ୮ιࡗ 5.20 No appointment of Member, Lands Tribunal, was .ؿͨ՜e made in 2003
27 സРؒdᄗസ୮ʥϋΐസРؒ ʒ CHAPTER 6 Magistrates’ Courts, Tribunals and Coroner’s Court
സРؒ Magistrates’ Courts
സРؒؿͷԑ̇ؒဳᑲᚬᆲᄤ 6.1 The Magistrates’ Courts exercise criminal 6.1 ೡ jurisdiction over a wide range of indictable and summaryמc τᚬᄗଉΛᗘ˿ʔേຬϷᓯ؟ ѵຬϷeᒖಳగ˿ʔേຬϷcസРւȹঁ offences. Although there is a general restriction of two ಋྫྷ 10 ຒʏ years’ imprisonment, and a fine of $100,000 for indictable˞ڬॶРԭαဟຑcၔಁ̋ ݯࠉcЎܰԞΛૈԝልʀസРւҡɣ offence, a growing number of ordinances empower ’ؿᚬɈcঢ়˿Рဟຑ3αcၔಁ͛˿ঢ় Magistrates to impose sentences up to three years ༠ಋྫྷ 500 ຒʏe imprisonment and fines up to $5,000,000.
ᄗസ୮ʥϋΐസРؒ Tribunals and Coroner’s Court d෧փ 6.2 The Labour Tribunal provides a quick, informal andڏࣂdᓯޘ༅ᄗസ୮ొԜ 6.2 ؿபcҺ˚ࡗɾංؿ༅ٍ inexpensive means to resolve disputes between ᔾӀτɐ employers and employees. There is no upper limit onټय़eΕ༅ᄗസ୮ֺ͇ॗؿ ࠉcЎ̦Εಋྫྷ8000ʏ˞ɐeᔶʿ the amount that may be claimed but the claim has to be .e over $8,000. Legal representation is not allowedٲˤ܁ԑɁяɺͅ
6.3 ɩᔾ፠ඦᄗസ୮ઔ͂ᓯ௰d෧փd 6.3 The Small Claims Tribunal provides a simple, Ѽβؿೡѵᄗଉಋྫྷ5ຒʏֶ˞Ɏؿ inexpensive and informal procedure to deal withדɺ ˤ monetary claims not exceeding $50,000. Legal܁፠͇ॗeᔶʿԑɁяɺͅټ .e representation is not allowedٲ
The Obscene Articles Tribunal has jurisdiction to 6.4 ۂذᄗസ୮τᚬസցτᗐۂذ૬ᑖ 6.4 ૬ᑖֶɺඏcֶܺԒʔࢄ͐ؿ determine whether an article is obscene or indecent, orכЯᙔܰ ɺඏeᄗസ୮͛τᚬੀτ whether a matter publicly displayed is indecent. It alsoכЯᙔܰۂذ ɺ has the power to classify an article as Class I (neitherڈ૬ᑖd͛ڈܫʗݯȹᗘۂذᗐ ඏdɀᗘɺඏֶɍᗘ૬ᑖe obscene or indecent), Class II (an indecent article) or Class III (an obscene article). 6.5 ϋΐസРւτᚬሁ݅Εࠗಋʀం ဳࣂϋ 6.5 Coroners are empowered to investigate reportableޜйؿϋə࣐eߗτɁΕւʿ deaths in Hong Kong. An inquest must be held in respect ܞޢəcֶঢ়೩ؒࡈஊؒೕˮϋΐ c of deaths in official custody, or as directed by the Courtޢ߬ұ൬Ϸϋΐٽ̇̇ܧ܁cɌֶ͐ of First Instance of the High Court or requested by the ޢϋΐസР̦ؒగτᗐ࣐൬Ϸϋΐ e Secretary for Justice.
28 ʒ CHAPTER 6
Έᄗസ୮ʥϋΐസРؒؿ̇ؒᓻ 6.6 Appointments to judicial offices in Tribunals and 6.6 τᗐؿ the Coroner’s Court have ceased since 1988. Judicial܃˅կͨcԯڏϽϬ 1988 α ሁݢؿΪ vacancies thereof have been filled by the cross-postingޚॠҝͅസРւΕʃيᓻϽؒ̇ ખɎˮͨe of Magistrates instead.
ᐢസРւ Chief Magistrate
ᓻ৻ʥஐͨ Duties and Responsibilities
ᐢസРւܰΈസРؒdϋΐസР 6.7 The Chief Magistrate is the Court Leader of the 6.7 d༅ᄗസ୮dɩᔾ፠ඦᄗസ୮ʥ૬ Magistrates’ Courts, the Coroner’s Court, the Labourؒ ᄗസ୮ؿეኒc߲ஐԒؒᄗ Tr ibunal, the Small Claims Tribunal and the Obsceneۂذᑖ ဳଉcԎΉე̇ؒዀ࿚ؿୄ Articles Tribunal. He is responsible for the administrationܧസ୮ؿϷ ᄗؒࠖؒւ߲ஐeᐢസРւ߲͛ஐᆢ of such Courts and Tribunals and is accountable to the ༅ؒࣂංॶਪτࢽΔ༜͂c Chief Justice who is the head of the Judiciary. He isؒ̇ړ Ԏ߲ஐగԯဳᑲؿؒᄗസ୮Ε༜А responsible for ensuring the efficient utilization of judicial ೪ԑփcΉୄᄗؒࠖؒ resources and court time, and advising the Chief Justiceܧೕࢄʿࠍؿ ւొԜ෮Ӯe on matters of policy concerning the operation and development of the courts and tribunals under his purview.
αАˮؿͨ՜ Appointment Made in 2003 2003
αӀτАˮᐢസРւؿͨ 6.8 No appointment of Chief Magistrate was made in 2003 6.8 ՜e 2003.
˚ͨസРւ Principal Magistrates
ᓻ৻ʥஐͨ Duties and Responsibilities
സРւȿ߬ᄚϷസРւؿ̇ 6.9 In addition to the judicial duties of a Magistrate, aͨ˚ 6.9 ᓻ৻̔cᑹ߲ஐԯ˚ဳؿസРؒؿ Principal Magistrate has administrative responsibilitiesؒ ɮАe˚ͨസРւ͛గΈസРؒ in the Magistrates’ Court where he sits. PrincipalܧϷ ԑփΉᐢസРւొԜ෮Ӯe Magistrates are also called upon to assist the ChiefܧؿϷ Magistrate on matters relating to the administration of the Magistrates’ Courts.
29 ʒ CHAPTER 6
αАˮؿͨ՜ Appointments Made in 2003 2003
αӀτАˮ˚ͨസРւؿͨ 6.10 No appointment of Principal Magistrate was made 2003 6.10 ՜e in 2003.
സРւ Magistrates
ᓻ৻ʥஐͨ Duties and Responsibilities
സРւᄗଉΈസРؒؿ࣐ͧe 6.11 Magistrates are required to try cases in the 6.11 ˢࠨ͛˿ݢ֡ϋΐസРؒd༅ᄗസ Magistrates’ Courts. They may also be posted to the ᄗസ୮ˮ Coroner’s Court, Labour Tribunal, Small Claims Tribunalۂذ୮dɩᔾ፠ඦᄗസ୮ʥ૬ᑖ ͨϋΐസРւd༅ᄗസ୮ᄗസւdɩᔾ and Obscene Articles Tribunal where they will sit as ፠ඦᄗസ୮ᄗസւʥ˚ᄗസРւcֶݢ Coroners, Presiding Officers, Adjudicators and Presiding ਟ࣐ؒւؒˮͨਂਟؒ৹̇ Magistrates respectively, or to the Masters’ Office in theਂ֡ ,৻ւe District Court where they will sit as Deputy Registrarؒ District Court.
ਿพ߬ұ Professional Requirements
സРւؿկͨ༅ࣟݯ̦Ԯτɺʭ 6.12 Not less than five years’ professional experience 6.12 ؿਿพؿɁ as a barrister or solicitor has been adopted as the܁ֶ܁5αАݯɣכ ɡe minimum requirement for appointment as a Magistrate.
αАˮؿͨ՜ Appointments Made in 2003 2003
.αӀτАˮസРւؿͨ՜e 6.13 No appointment of Magistrate was made in 2003 2003 6.13
ऋկസРւ Special Magistrates
ᓻ৻ʥஐͨ Duties and Responsibilities
ऋկസРւᄗଉΈസРؒ༖Ⴆ෬ 6.14 Special Magistrates are required to try relatively 6.14 ᒻሒ͚༢ԝ࣐ minor offences in the Magistrates’ Courts such as illegalؒڈؿຬϷ࣐ͧcԝΣ ͧ೩cԎ˿Р୮ȹঁɺ൚༦ಋྫྷ 10 ຒʏ hawking and traffic offences. Their jurisdiction is .ؿၔಁe generally limited to a maximum fine of $100,000
30 ʒ CHAPTER 6
ਿพ߬ұ Professional Requirements
6.15 1998 αАˮᏎদ܃cऋկസРւ 6.15 Following a review in 1998, the possession of professional legal qualifications as a barrister or solicitor ܁ؿկͨ༅ࣟcϬ 1999 αݯԮτɣ and five years’ experience in a field relevant to legal or ༅ࣟcʥԮτ5αၤ܁ؿਿพؒ܁ֶ judicial work have been adopted as the minimum ɮАτᗐؿe requirements for appointment as a Special Magistrateֶؒ̇܁ؒ since 1999.
αАˮؿͨ՜ Appointments Made in 2003 2003
αӀτАˮऋկസРւؿͨ 6.16 No appointment of Special Magistrate was made 2003 6.16 ՜e in 2003.
31 α 7 ˂ 1 ˀϭ 2005 α 6 ˂ 30 ˀͨ౨ʑ̇ؒɁࡗઐᔈ 2003 ፣ȹ կࡗผ˚ʥկࡗؿᓯዃڃ Appendix 1 Bio-data of the Chairman and Members of the Judicial Officers Recommendation Commission for the term 1 July 2003 to 30 June 2005
˚ Chairman
ୄᄗؒࠖؒւңਝॶ The Honourable Chief Justice Andrew LI Kwok-nang
Chief Justice Li holds the degrees of Master of Arts and ܁τჴኽɣነʼነဨɡʥؒܛңਝॶؒւ ဨɡነϽeˢΕ 1970 αᏵߜਝɣ܁ Master of Laws from the Cambridge University. He was ਨพ༅ࣟc 1973 αᏵࠗಋɣ܁ਨพ called to the English Bar in 1970 and the Hong Kong Bar in 1973. In 1988, he was appointed Queen’s ܁༅ࣟcԎΕ 1988 αᏵկͨݯ͂ɣ eңਝॶؒւΕ 1997 α 7 ˂ 1 ˀᏵկ Counsel. Chief Justice Li was in private practice before ˢ he was appointed as the first Chief Justice of the CourtکݯࠖͨୄᄗؒࠖؒւcΕϊɾͨ αᏵፕݯ of Final Appeal on 1 July 1997. He was made an 1997 כԑӝɁਨพeˢقȹ αᏵ Honorary Bencher of the Middle Temple in 1997 and an 1999 כነΊᙷկࡗcԎ܁ɻำ ჴኽɣነഥওۤ෧ነཕΊᙷɡΊ Honorary Fellow of Fitzwilliam College Cambridge in .ᖓӘɤɻነ࣎໎ผ৹˚ 1999. He is the Vice Chairman of the Council of StړჀeˢଊࣂݯັ Շ Paul’s Co-Educational College. He is a trustee of theټμਥڌӡɾʤ෯ഁ܁dജɣነؒ μɁജɣነ۪ઠe Friends of Tsinghua University Law School Charitable Tr ust and a Guest Professor of the Tsinghua University.
ಳկࡗ Ex officio member
ષෲɤɡ, GBM, JP The Honourable Elsie LEUNG Oi-sie, GBM, JPٽ̇̇ܧ܁
ષෲɤɡΕ 1968 αՅ܁༅ࣟ܃ Ms Leung was qualified as a solicitor and started her practice in 1968. She obtained her LLM degree from αՅࠗಋɣነ 1988 כնӝɁਨพe the University of Hong Kong in 1988. She became the α 7 ˂ 1 ˀι first Secretary for Justice of the Hong Kong Special 1997 כነဨɡነϽcԎؒ cుဳ Administrative Region in July 1997. She heads theٽ̇̇ܧ܁ਂܧݯࠖͨࠗಋऋПϷ ,e Department of Justice which has, among other staff܁300Ίܢ˳ؿɁࡗcɻ̇ܧ܁ about 300 lawyers. She is currently the Chairman of Թ۹܁ҝࠎկࡗผdᔶႍؒ܁ଊࣂݯؒ the Law Reform Commission, the Committee on ’ᐲկࡗผؿ˚e Bilingual Legal System, and the Legal Practitioners܁կࡗผਨพ Liaison Committee.
կࡗ Members
ୄᄗؒͨؒւஹͰ The Honourable Mr Justice Patrick CHAN Siu-oi
ࠗಋɣነc Mr Justice Chan graduated from the University of HongכஹͰؒւΕ 1974 αଓพ αՅؒ Kong with a Bachelor of Law degree in 1974 and a 1975 כᏵཕؒነነɡነϽcԎ ነਿพᖬ࣊eˢΕ 1976 αᏵࠗಋɣ܁ Postgraduate Certificate in Law in 1975. He was called
32 Appendix 1 ፣ȹڃ
ਨพ༅ࣟc1987α11˂ᏵկͨݯΔʿ to the Hong Kong Bar in 1976 and was in private practice ԑӝɁਨ until his appointment as a District Judge in NovemberقˢȹکؒւcΕϊɾؒ α 1 ˂Ᏽկͨݯ 1987. He was appointed Deputy Registrar, Supreme 1991 כพeஹͰؒւ ঢ়ؒ৹ዃ̇c 1992 α 5 ˂Ᏽկͨ Court in January 1991 and a Judge of the High Court in ݯঢ়೩ؒؒւc 1997 α 7 ˂Ᏽկͨݯ May 1992. In July 1997, he was appointed Chief Judge α 9 ˂Ᏽ of the High Court. In September 2000, he was appointed 2000 כঢ়೩ؒࠖؒւcԎ կͨݯୄᄗؒͨؒւeஹͰؒւܰ a Permanent Judge of the Court of Final Appeal. Mr ነؿΊᙷկࡗcԎݯୄᄗؒ Justice Chan is an Honorary Bencher of the Inner܁ʑำ ࠖؒւֺஉ͓ؿ̵ԑ̇ؒԹ۹ҝࠎɮА Temple. He is the Chairman of the Chief Justice’s կࡗผιࡗeˢ Working Party on Civil Justice Reform and a member ofڬɩୂ˚ୄᄗؒஃ ਿพ the Court of Final Appeal Rules Committee. He also sits܁ɣነؿ̟ؒے͛ܰࠗಋɣነʥࠗಋ ᖬ࣊ҝࠎነկࡗผιࡗe on the Academic Boards on PCLL Reform of the University of Hong Kong and the City University of Hong Kong.
ঢ়೩ؒؒւధᒄਥ The Honourable Mr Justice PANG Kin-kee
ɣነཕʼነነ Mr Justice Pang was awarded a Bachelor of Arts degreeޒధᒄਥؒւᏵ˱ࢬɣ αΕߜਝۤဍՅ from the Queen’s University, Canada. He was called to 1978 כɡነϽeˢ ɣ܁ਨพ༅ࣟc 1979 αᏵࠗಋɣ܁ the Bar of England and Wales in 1978, and was admitted αΕዌݘၐΛС to the Hong Kong Bar in 1979 and the Bar of the State 1983 כਨพ༅ࣟcԎ ਨพ༅ࣟeధᒄਥؒւΕ of Victoria, Australia in 1983. Mr Justice Pang was in܁Յɣޘԓ ˢȹ private practice before joining the Judiciary as Magistrateکα 5 ˂ˮͨസР̇cΕϊɾ 1985 α 8 ˂Ᏽկ in May 1985. He was appointed District Judge in August 1987 כԑӝɁਨพeˢق ݯΔʿؒؒւcԎΕ 1997 α 1 ˂Ᏽ 1987 and Judge of the High Court in January 1997. Mrͨ կͨݯঢ়೩ؒؒւeధᒄਥؒւଊࣂݯ Justice Pang is the Chairman of the Criminal Court ͷԑؒԚّ͂կࡗผؿ˚dʥ̇ؒዀ Users’ Committee, and a member of the Judicial Studies ࿚ؿ̇ؒɁࡗফկࡗผ༅ޫҌɮА Board and the Technology Working Group of the ɩୂؿιࡗc͛ܰঽͤʔ৻ࡗగพ͇ᇼጺ Judiciary. He is the Chairman of the Advisory Committee կࡗผʥࠗಋഁኒผؿ˚eధᒄਥؒ on Post-retirement Employment and the Society of ɣነؿؒነਿ Rehabilitation and Crime Prevention, Hong Kong. Mr̟ےւɖܰࠗಋɣነࠗಋ พᖬ࣊ᇾೡؿᐢ࣎̔ϣկࡗdࠗಋɣነ Justice Pang is the Chief External Examiner of the PCLL courses of the University of Hong Kong and the City ܁ઠөነӡΊᙷᑟdʥࠗͅಋ܁ਿพؒ ༅ࣟϣؿᐢϣ࣏կ University of Hong Kong, and is an Honorary Lecturer܁ผ˚ፒؿࣵ̔ ࡗe in the Department of Professional Legal Education of the University of Hong Kong. He is also the Chief Examiner of the Overseas Lawyers Qualification Examination conducted by the Law Society of Hong Kong.
33 Appendix 1 ፣ȹڃ
ңҁ௩༅૯ɣ܁, JP Miss Gladys Veronica LI Chi-hei, SC, JP
τჴኽ Miss Li is a practising Senior Counsel. She holds theܛc܁ңҁ௩ɤɡݯਨพ༅૯ɣ ɣነʼነነɡነϽؒነʼነɡ࿘ᙷነϽ degree of Bachelor of Arts (Law Tripos) from the αΕߜਝۤဍՅ Cambridge University. She was called to the Bar of 1971 כϣe ɣ܁ਨพ༅ࣟc 1978 αᏵࠗಋɣ England and Wales in 1971 and the Hong Kong Bar in .ਨพ༅ࣟc 1990 αᏵկͨݯ͂ɣ 1978. In 1990, she was appointed Queen’s Counsel܁ She was admitted as an advocate and solicitor of the αՅณ˱գঢ়ؒ 1994 כcԎ܁ Supreme Court of Singapore in 1994. Miss Li was the േஊˤଉɁ܁༅ࣟeңҁ௩ɤɡΕ Vice-Chairman and Chairman of the Hong Kong Bar 1994αϭ1995αʥ1995αϭ1997αʗ Association from 1994 to 1995 and from 1995 to 1997 Пͱ܃ˮͨࠗಋɣ܁ʔผ৹˚ʥ˚ respectively. She serves as member of the Council and eଊࣂݯਝ̇ؒୂᓱࠗಋʗผկࡗ Chairman of ‘JUSTICE’, the Hong Kong Section of the ;(ʥ˚dਝ̇ؒୂᓱผࡗcʥؒነነɡ International Commission of Jurists (the ICJ ؒነဨɡϣ¥ࠗಋɁᚬ¦ޫ࣎̔ϣ Commission Member of the ICJ; and External Examiner կࡗe in ‘Human Rights in Hong Kong’ for the LLB and LLM degree examinations.
ᇞКࡄͱ́, JP Mr Herbert TSOI Hak-kong, JP
Mr Tsoi is a practising solicitor and is a Partner of Herbert܁cԎݯᇞКࡄ܁ᇞКࡄͱ́ܰਨพ αʗПΕߜਝ Tsoi & Partners. He was admitted as Solicitor in England 1976 כԑ৻ֺ͟Ɂeˢ ਨพ༅ࣟcԎΕ and Wales and in Hong Kong in 1976. Mr Tsoi was the܁ۤဍʥࠗಋՅ 2000 α 5 ˂ϭ 2002 α 5 ˂౨ංˮͨࠗಋ President of the Law Society of Hong Kong from May 2000 to May 2002. He is a member of the Law Reform ҝࠎկ܁eᇞКࡄͱ́ଊݯؒٽผผ܁ Commission Sub-committee on Decision-making for ɩ͐ܞɁɡАҺցʥདͱ়פכࡗผˤா Comatose Persons and Advance Directives and the ୂկࡗผιࡗcɖܰ෧ܧʔອᄗ݅ஓϔᐾ Operations Review Committee of the Independent ผԑ Commission Against Corruption. He also participatesمంጺկࡗผկࡗeˢ͛ʀΛඖ ৻e in a number of community activities.
ඟਝɡ, GBS Dr Victor FUNG Kwok-king, GBS
τਝௌ Dr Fung is the Group Chairman of the Li & Fung groupܛඟਝɡݯСᔔඑ྆˚c ޘଉɮነཋዀɮೡነነɡʥဨɡነϽc of companies. He was awarded a Bachelor and a Master ЃɣነਆพᏜነɡነϽeˢଊࣂ Degree in Electrical Engineering from the Massachusettsۄʥ ݯࠗಋዀဳଉѫ˚ࠗಋɣነ࣎৻կ Institute of Technology, and was made a Doctorate in Business Economics from Harvard University. Dr Fung ࡗผ˚eˢΕ1991αϭ2000α౨ංˮ is Chairman of the Hong Kong Airport Authority and כೕࢄѫ˚eඟਝɡמࠗಋൗͨ Chairman of the Hong Kong University Council. He was 1995 αΕࠗಋਆพαᆉፕᐾɻᏵཕα Chairman of the Hong Kong Trade Development Council
34 Appendix 1 ፣ȹڃ
αᏵፕݯαؿࠗ from 1991 to 2000. Dr Fung was voted Businessman of 1998 כؿਆࡼᆉcԎ ಋˮეe the Year in the Hong Kong Business Awards in 1995 and was also chosen Hong Kong Leader of the Year in 1998.
ஹ̷౸ͱ́, GBS, JP Mr CHAN Wing-kee, GBS, JP
ϐႇϸᄥτࠉʔ̇໎ԑᐢ Mr Chan is the Managing Director of Yangtzekiangٽஹ̷౸ͱ́ܰ τࠉʔ̇໎ԑdࠗಋᓱ Garment Manufacturing Co Ltd; Director of YGM Tradingמϐൗٽଉd Ltd; Director of Hong Kong Knitters Ltd; Chief Executive ᐢܧτࠉʔ̇໎ԑdԓݘཋ഼τࠉʔ̇Ϸ Officer of Asia Television Ltd and Director of Bank of സʥਝႺϷԓݘτࠉʔ̇໎ԑeˢ America (Asia) Ltd. Mr Chan is the ex-Council Member ଉԑ1991 αϭ of Hong Kong Trade Development Council (1991 toͨکೕࢄѫמࠗಋൗܰ αcଊࣂݯࠗಋɻജᄥਆᐲผ 2003). He is the Permanent Honorary President of The 2003 Chinese Manufacturers’ Association of Hong Kong; Vice- ˚dࠗಋɮਆਿพᐲผ৹ٽႩΊᙷผ̷ Chairman of Business and Professional Federation of e Hong Kong; and honorary chairman/president of aٽؿΊᙷ˚ ผ྆מcʥΛൗ number of trade associations.
ࡄઠ, GBS, JP Professor CHANG Hsin-kang, GBS, JPڌਜ਼
ʥɣነᑟ Professor Chang is the President and Universityٽɣነ̟࣎ےࡄઠܰࠗಋڌਜ਼ ઠcܛτਝ͓̎ᜪɣነɠ˃ɮೡଉነ Professor of City University of Hong Kong. He was ነɡነϽďɽါɣነ࿚ɮೡଉነဨɡ awarded the degrees of B.S. Civil Engineering from the ᔢነɮೡࡑነɡነ National Taiwan University, M.S. Structural EngineeringذነϽϹ˵ɣነ́ ࡄઠϬ 1969 αɣͫࣂං from Stanford University and PH. D. BiomedicalڌϽeਜ਼ Εਝd˱ࢬɣʥؒਝΛංɣነͨઠeˢ Engineering from Northwestern University. Professor Chang has taught in universities since 1969, most of כଊࣂݯณޫҌᚋਐկࡗผιࡗc͛౦ 2000αϭ2003αˮͨࠗಋʼʝկࡗผ˚ the years in USA, Canada and France. Professor Chang ൚༦100ᆵޫነሃ is a Member of the Council of Advisors on Innovationٲࡄઠ౦ೕڌeਜ਼ ӠടАؿᇁፎcԎՅ and Technology. He was Chairman of the Culture andޢʼcܰԭͫਿᕀ ȹඖ˱ࢬɣؿਿСഽ˫eˢτ5̯ടАc Heritage Commission from 2000 to 2003. He has ͛τΛᆵ˞ɻʼᅅᄘؿʼe published over 100 scientific articles, is the editor of two research monographs, and holds one Canadian patent. He is also the author of five books and many articles in Chinese.
35 ፣ɀ Έඖ̇ؒᓻϽؿؒց߬ұڃ Appendix 2 Statutory Requirements for Various Judicial Offices
ୄᄗؒࠖؒւʥͨؒւ Chief Justice and Permanent Judges of the Court of Final Appeal
ࠗಋୄᄗؒૈԝ48412(1) Sections 12(1) and (2) of the Hong Kong Court of ʥ(2)ૈz Final Appeal Ordinance (Cap. 484) Ð
Є˞ɎɁɡяτ༅ࣟᏵկͨݯࠖ “(1) A person shall be eligible to be appointed as theͨ (1)§ ؒւֶͨؒւĶ Chief Justice or as a permanent judge if he is Ð a) ঢ়೩ؒࠖؒւdɐേؒ (a) the Chief Judge of the High Court, a Justice of) ;ւֶࡈஊؒؒւhֶ Appeal or a judge of the Court of First Instanceؒ Ӹʗਨ or܁ֶ܁b) Εࠗಋ˞ɣ) e (b) a barrister who has practised as a barrister or܁พʭ 10 αؿɣ solicitor in Hong Kong for a period of at least (2) ЩԚ(1)ಁɰτஃցcͨЄ˞ɎɁ 10 years. ɡ͛τ༅ࣟᏵկͨݯࠖͨࠖؒւ ݯͨؒւc˘ੀผΕୄᄗؒ (2) Notwithstanding subsection (1) a person shall alsoֶ ᏵկͨĶ be eligible to be appointed as the first Chief Justiceکࠖրɐേ a) ɰঽͤؿঢ়೩ؒࠖؒւh to be appointed or as a permanent judge to be) appointed prior to the hearing of the first appeal by b) ɰঽͤؿɐേؒؒւhֶ) the Court if he is Ð ¨c) ɰঽͤؿࡈஊؒؒւe) (a) a retired Chief Judge of the High Court; (b) a retired Justice of Appeal; or (c) a retired judge of the Court of First Instance.”
ͨࠗಋؒւ Non-permanent Hong Kong Judges of theڈୄᄗؒ Court of Final Appeal
ࠗಋୄᄗؒૈԝ48412(3) Section 12(3) of the Hong Kong Court of Final Appeal ૈĶ Ordinance (Cap. 484) Ð
-A person shall be eligible to be appointed as a non (3)“ ڈЄ˞ɎɁɡяτ༅ࣟᏵկͨݯͨ (3)§ ͨࠗಋؒւcɺሃˢܰЯֈ permanent Hong Kong judge if he is Ð ;ࠗಋĶ (a) a retired Chief Judge of the High CourtכϾ ;a) ɰঽͤؿঢ়೩ؒࠖؒւh (b) a retired Chief Justice of the Court) ;b) ɰঽͤؿୄᄗؒࠖؒւh (c) a retired permanent judge of the Court) c) ɰঽͤؿୄᄗؒͨؒւh)
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d) ଊᓻֶɰঽͤؿɐേؒؒ (d) a Justice or retired Justice of Appeal; or) ւhֶ (e) a barrister who has practised as a barrister or Ӹʗਨ solicitor in Hong Kong for a period of at least܁ֶ܁e) Εࠗಋ˞ɣ) ,e¨ 10 years܁พʭ 10 αؿɣ whether or not he is ordinarily resident in Hong Kong.”
ͨؒւ Non-permanent Judges from Other Commonڈԯˢౝؒሬ͂Δਂ Law Jurisdictions
ࠗಋୄᄗؒૈԝ48412(4) Section 12(4) of the Hong Kong Court of Final Appeal ૈĶ Ordinance (Cap. 484) Ð
Єଲ˞ɎૈͧؿɁɡяτ༅ࣟᏵ “(4) A person shall be eligible to be appointed as a judgeͨ (4)§ կͨݯԯˢౝؒሬ͂ΔਂؒւĶ from another common law jurisdiction if he is Ð a) ᙔԯˢౝؒሬ͂Δਂؿ̵ԑ (a) a judge or retired judge of a court of unlimited) ͷԑ̇ؒဳᑲᚬɺஉࠉؿؒ jurisdiction in either civil or criminal matters inֶ ;ؿଊᓻֶɰঽͤؒւّhϤ another common law jurisdiction ࠗಋ˞̔Δʿh (b)a person who is ordinarily resident outsideכb) ˢֈϾ) ʥ Hong Kong; and c) ˢ̰Εࠗಋኪͨ༦ঢ়೩ؒ (c) a person who has never been a judge of the) ւdਂਟؒؒւֶͨസ High Court, a District Judge or a permanentؒ Рւe¨ magistrate, in Hong Kong.”
ୄᄗؒ̇ؒ৻ւ Registrar of the Court of Final Appeal
ࠗಋୄᄗؒૈԝ48442(2) Section 42(2) of the Hong Kong Court of Final Appeal ૈĶ Ordinance (Cap. 484) Ð
ւկͨcϤ “(2) The Registrar shall be appointed by the Chiefٽܧ৻ւͅϷؒ̇ (2)§ ˢֺԮௐؿ༅ࣟၤկͨঢ়೩ؒ Executive and shall possess the same qualifications e¨ as are required for appointment as the Registrar ofޚ̇ؒ৻ւֺ߬ұّ the High Court.”
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ঢ়೩ؒؒւʥঢ়೩ؒࡈஊؒ Judges of the High Court and Recorders of ऋկؒւ the Court of First Instance of the High Court
ঢ়೩ؒૈԝ 4 6A(1)ૈĶ Section 6A(1) of the High Court Ordinance (Cap. 4) Ð
ᐢ 4 ˿կͨȹΊ࣓ኣ 9(1)ֶ(1A) “(1) The Governor 4 may appoint a person who is eligible (1)§ τ༅ࣟᏵկͨݯঢ়೩ؒؒւؿ to be appointed to be a judge of the High Courtૈ ᔄ under section 9(1) or (1A), to be a recorder of theܘɁݯࡈஊؒऋկؒւcͨ౨ Ϥ Court of First Instance for such period as may beّעܞАˮկͨؿʼֺ࣊˞ ցe¨ specified in the instrument by which the appointment is made.”
ঢ়೩ؒૈԝ 4 9 ૈĶ Section 9 of the High Court Ordinance (Cap. 4) Ð
§(1) ͨЄɁΣଲ˞ɎૈͧcЩτ༅ࣟ “(1) A person shall be eligible to be appointed to be a Ᏽկͨݯঢ়೩ؒؒւĶ judge of the High Court if Ð a) ɁΕࠗಋֶͨЄԯˢౝؒ (a) he is qualified to practise as an advocate in a) ሬ͂ΔਂؿͨЄؒτ༅ࣟਨ court in Hong Kong or any other common law พݯˮˤஊɁcϤؒܰ jurisdiction having unlimited jurisdiction either Ε̵ԑֶͷԑԑփɐԮτಲࠉ in civil or criminal matters; or (ဳᑲᚬؿhֶ (b) he is qualified as mentioned in paragraph (aؒ̇ b) ɁԮτ(a)ݒֺ߸ؿ༅ࣟcϤ and prior thereto was qualified to practise as a) ,τ༅ࣟΕɐ߸ؒ solicitor in such a courtڬکΕϊɾ c and, in either case, he has for at least 10 years܁ɾȹਨพݯ practised as an advocate or solicitor in such a ϤΕɐ߸ͨЄȹိੱؗɻcɁΕ court. ɐ߸ؒɾȹਨพݯˮˤஊɁֶ ܁ʭɰτ 10 αe (1A) A person shall also be eligible to be appointed to be a judge of the High Court if he is qualified to ܁1A) ͨЄɁΣτ༅ࣟਨพݯঢ়೩ؒ) practise as a solicitor of the High Court and has cԎΣϊਨพʭɰτ10αc͛ for at least 10 years practised as such. τ༅ࣟᏵկͨݯঢ়೩ؒؒւe
4 ւؿొ߸eٽܧϷਂܧ࣓ኣࠗಋΑᓊૈԝ 2601 ؿૈʼcྦྷࠗಋᐢؿొ߸cᘷݯྦྷࠗಋऋПϷ In accordance with provisions of the Hong Kong Reunification Ordinance (Cap. 2601), any reference to the Governor of Hong Kong shall be construed as a reference to the Chief Executive of the Hong Kong Special Administrative Region.
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(2) ͨЄɁΣଲ˞Ɏૈͧc͛τ༅ࣟ (2) A person shall also be eligible to be appointed to Ᏽկͨݯঢ়೩ؒؒւĶ be a judge of the High Court if Ð a) ɁΕࠗಋֶͨЄԯˢౝؒ (a) he is qualified to practise as an advocate in a) ሬ͂ΔਂؿͨЄؒτ༅ࣟਨ court in Hong Kong or any other common law พݯˮˤஊɁcϤؒܰ jurisdiction having unlimited jurisdiction either Ε̵ԑֶͷԑԑփɐԮτಲࠉ in civil or criminal matters; or (ဳᑲᚬؿhֶ (b) he is qualified as mentioned in paragraph (aؒ̇ b) ɁԮτ(a)ݒֺ߸ؿ༅ࣟcϤ and prior thereto was qualified to practise as a) ,τ༅ࣟΕɐ߸ؒ solicitor in such a courtڬکΕϊɾ c and, in either case, he has, subject to subsection܁ɾȹਨพݯ ϤΕɐ߸ͨЄȹိੱؗɻcΕଲ (3), for at least 10 years Ð ((3)ಁؿஃցɎcɁʭ౦τ10 (i)-(iii)(Repealed 14 of 1997 s. 2 αܰĶ (iv) been a District Judge appointed in (i)-(iii)ͅ 1997 α 14 ໔ 2 ૈ accordance with section 4 or 7 of the ᄠ District Court Ordinance (Cap. 336); ๑ਂਟؒૈԝ (v) been a permanent magistrate appointedܘ (iv) 3364ֶ7ૈկͨؿ by warrant under section 5 of the ;(ਟؒؒւh Magistrates Ordinance (Cap. 227ਂ (v) ࣓ኣസРւૈԝ227 (vi) been a legal officer as defined in section .կͨؿ 2 of the Legal Officers Ordinance (Capر˥˞5ૈ ͨസРւh 87); (vi) ܁ܧɁࡗૈԝ87 (vii) (Repealed 8 of 1993 s. 6) Ɂܧ܁ցؿވ 2 ૈֺ (viii) been a Director, Deputy Director, ࡗh Assistant Director of Legal Aid or Legal (vii) ͅ1993α8໔6ૈᄠ Aid Officer appointed in accordance with section 3 of the Legal Aid Ordinance ;( (Cap. 91 Хૈԝ܁๑ؒܘ (viii) ܁91 3ૈկͨؿؒ (ix) been an Official Receiver, Assistant Хଉֶٽd৹ອٽХອອ Official Receiver (Legal), Assistant Х˚ͨh܁ֶؒٽອ Principal Solicitor, Senior Solicitor or (ix) ܘ๑वଐૈԝ 6 Solicitor, appointed in accordance with 75ૈկͨؿवଐဳଉອ section 75 of the Bankruptcy Ordinance dХଉवଐဳଉອອ (Cap. 6); orٽອ ܁dХଉࠖ ܁ؒ ٽ hֶ܁ֶ܁dঢ়ज़
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உ (x) been a Director, Deputy Director orٽᖫଐᚬອອك๑ܘ (x) ͓ૈԝ 412 Assistant Director of Intellectual Property ᖫଐᚬອອ or a Senior Solicitor, appointed inكկͨؿૈ 3 accordance with section 3 of the Director ֶٽХଉອֶٽd৹ອٽ ঢ়ज़܁e of Intellectual Property (Establishment) Ordinance (Cap. 412).
(2A) ͨЄɁΣଲ˞Ɏૈͧc͛τ༅ࣟ (2A) A person shall also be eligible to be appointed to Ᏽկͨݯঢ়೩ؒؒւĶ be a judge of the High Court if Ð a) ɁܰࠗಋֶͨЄԯˢౝؒ) (a) he is a solicitor of a court in Hong Kong or any c܁ሬ͂ΔਂؿͨЄؒؿ other common law jurisdiction having unlimited ;ϤؒܰΕ̵ԑֶͷԑԑփ jurisdiction either in civil or criminal matters ɐԮτಲࠉ̇ؒဳᑲᚬؿh (b) he is and has been for the previous 2 years at (b) ɁʭΕ༦˾2αʑʥΕଊࣂ least, and in aggregate for at least 5 years, ࠗಋ employed in the service of the Crown5 in HongכϤᐢ߮ʭτ5αՇ 5 ɮАhʥ Kong on judicial or legal work; and܁ւʿ ԑֶ̇ؒؒ c) Εଲ(4)ಁؿஃցɎcɁ (c) he has, subject to subsection (4), for at least) ʭ౦τ 10 αܰĶ 10 years either Ð i) Ε೩ؒɾȹਨพݯˮ (i) practised as an advocate or solicitor in) such a court; or hֶ܁ˤஊɁֶ (ii) been employed in such service as is .(described in paragraph (b רii) Շԑ(b)ݒֺూ߸ؿ) ৻e (3)For the purposes of calculating the period of 10 ݯ့߮(2)ಁֺొ߸ؿ 10 α౨ years referred to in subsection (2), periods of less (3) (ංc˿ੀΕಁ(iv)ϭ(x)ݒԯɻͨ than 10 years falling within any of paragraphs (iv Єȹݒᆲ˞ʑΈݒɺӷ10αؿ౨ to (x) of that subsection may be combined, and ංԡ့߮cԎ˿ੀΕ(2)(a)ಁֺ there may be included in such period, any period ߸ؿͨЄȹֺؒਨพݯˮˤ of practice as an advocate or solicitor in any of theొ .(ؿ౨ං့߮Εʑe courts referred to in subsection (2)(a܁ஊɁֶ
(4)For the purposes of calculating the period of 10 ݯ့߮(2A)(c)ಁֺొ߸ؿ10α౨ (4) years referred to in subsection (2A)(c) there may ංc˿ੀΕ(2)ಁ(iv)ϭ(x)ݒԯ be included any period of less than 10 years falling ɻͨЄȹݒᆲ˞ʑΈݒɺӷ10α within any of paragraphs (iv) to (x) of subsection (ؿ౨ං့߮ΕʑcԎ˿ੀΕ(2A (2), and periods of less than 10 years falling within c)ಁ(i)ʥ(ii)ຝᆲ˞ʑؿΈݒɺ subparagraphs (i) and (ii) of subsection (2A)(c) may) .ӷ 10 αؿ౨ංԡ့߮e be combined
5 ؿొ߸e֚ܧਂܧ࣓ኣࠗಋΑᓊૈԝ 2601 ؿૈʼcྦྷւʿؿొ߸cᘷݯྦྷࠗಋऋПϷ In accordance with provisions of the Hong Kong Reunification Ordinance (Cap. 2601), any reference to the Crown shall be construed as a reference to the Government of the Hong Kong Special Administrative Region.
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ؿ 10 α౨ංc (5) For the purposes of calculating the period of 10ܞݯ့߮(2)ಁֺ (5) ɁԑᇁԹૈ years under subsection (2), periods served in anٽቱဳഽ˫ᐢອອ ԝ 100 ɰᄠcኪͨ office specified in the repealed Registrar General ؿᓻϽؿ౨ං (Establishment) Ordinance (Cap. 100) may beעܞɰᄠૈԝֺ ʋ˿့߮Εʑe¨ taken into account notwithstanding the repeal of that Ordinance.”
ਟؒؒւ District Judgesਂ
ਟؒૈԝ 336 5 ૈĶ Section 5 of the District Court Ordinance (Cap. 336) Ðਂ
Ɏ߸ؿɁ̔cͨЄɁɺ࣓ኣ4 “(1) No person shall be appointed to be a District Judge (1)§ ᏵկͨݯਂਟؒؒւĶ under section 4 unless Ðૈ a) ɁΕࠗಋֶͨЄԯˢౝؒ (a) he is qualified to practise as an advocate or as) ሬ͂ΔਂؿͨЄؒτ༅ࣟਨ a solicitor in a court in Hong Kong or any other cϤ common law jurisdiction having unlimited܁พݯˮˤஊɁֶ ܰΕ̵ԑֶͷԑʿࠍԮτؒ jurisdiction either in civil or criminal matters; ಲࠉ̇ؒဳᑲᚬؿhʥ and cɁɰ܃b) ϬԮτΣϊؿ༅ࣟ) αؿ౨ංֶΕ (b) since becoming so qualified he has for a 5 כΕȹݒɺʭ αؿ period of or periods totalling not less than 5 5 כɺ౨ංϤͳɺʭ ౨ංܰĶ years Ð i) Ε೩ؒɾȹਨพݯˮ (i) practised as an advocate or solicitor in) hֶ such a court; or܁ˤஊɁֶ (ii)-(iv) ͅ 1997 α 14 ໔ 3 (ii)-(iv) (Repealed 14 of 1997 s. 3) ૈᄠ (v) been a permanent magistrate appointed (v) ࣓ኣസРւૈԝ227 by warrant under section 5 of the կͨؿ Magistrates Ordinance (Cap. 227); orر˥˞5ૈ സРւhֶ (vi) been a legal officer as defined in sectionͨ (vi)܁ܧɁࡗૈԝ87 2 of the Legal Officers Ordinance (Cap. Ɂܧ܁ցؿވ 2 ૈֺ 87); or ࡗhֶ (vii) (Repealed 8 of 1993 s. 26) (vii)ͅ 1993 α 8 ໔ 26 ૈ (viii)been a Director, Deputy Director, Assistant ᄠ Director of Legal Aid or Legal Aid Officer Хૈԝ܁๑ؒܘ (viii) appointed in accordance with section 3 of ܁913ૈկͨؿؒ dХଉ the Legal Aid Ordinance (Cap. 91); orٽd৹ອٽХອອ Х˚ͨhֶ܁ֶؒٽອ
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(ix) ܘ๑वଐૈԝ 6 (ix)been an Official Receiver, Assistant Official 75 ૈկͨؿवଐဳଉອ Receiver (Legal), Assistant Principal ,dХଉवଐဳଉອອ Solicitor, Senior Solicitor or Solicitorٽອ appointed in accordance with section 75 of ܁dХଉࠖ܁ؒٽ hֶ the Bankruptcy Ordinance (Cap. 6); or܁ֶ܁dঢ়ज़ உ (x) been a Director, Deputy Director orٽᖫଐᚬອອك๑ܘ (x) ͓ૈԝ 412 Assistant Director of Intellectual Property ᖫଐᚬອອ or a Senior Solicitor, appointed inكկͨؿૈ 3 accordance with section 3 of the Director ֶٽХଉອֶٽd৹ອٽ ঢ়ज़܁e of Intellectual Property (Establishment) Ordinance (Cap. 412). ݯ့߮ɐ߸ؿ 5 α౨ංc˿ੀΕ (2) ಁ(b)ݒΈຝᆲ˞ʑΈݒɺӷ 5 (2)For the purpose of calculating such period of 5(1) αؿ౨ංԡ့߮e years, periods of less than 5 years falling within any of the sub-paragraphs of paragraph (b) of .ݯ့࣓߮ኣ(1)ಁؿ 5 α౨ංcቱ subsection (1) may be combined (3) ɁԑᇁԹૈԝٽဳഽ˫ᐢອອ 100 ɰʀᄠcЎ౦ኪͨ (3)For the purposes of calculating the period of 5 years Ϥ̋ࠉͅԮτ under subsection (1), periods served in an officeעܞɰᄠૈԝֺ ਿพ༅ࣟؿɁኪͨؿᓻϽؿ౨ specified in the repealed Registrar General܁ؒ ංc͛˿့߮Εʑe¨ (Establishment) Ordinance (Cap. 100) appointment to which was restricted to legally qualified persons may be taken into account notwithstanding the repeal of that Ordinance.”
President, Lands Tribunal ٽɠΔᄗസ୮
ɠΔᄗസ୮ૈԝ174(2)ૈĶ Section 4(2) of the Lands Tribunal Ordinance (Cap. 17) Ð
ͅԯɻȹΊঢ়೩ؒؒւˮ “(2) The President shall be one of the Judges of theٽ (2)§ ւկͨe¨ High Court and shall be appointed by the ChiefٽܧcԎͅϷͨ Executive.”
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ɠΔᄗസ୮ؒւ Presiding Officer, Lands Tribunal
ɠΔᄗസ୮ૈԝ174(3)ૈĶ Section 4(3) of the Lands Tribunal Ordinance (Cap. 17) Ð
Έਂਟؒؒւʥਂਟؒᅗկؒ “(3) Every District Judge and deputy District Judge shall (3)§ ”.ւcяንᔄֺͨᓻϽˮͨؒւe¨ by virtue of his office be a presiding officer
ɠΔᄗസ୮ιࡗ Members, Lands Tribunal
ɠΔᄗസ୮ૈԝ174(4)ૈĶ Section 4(4) of the Lands Tribunal Ordinance (Cap. 17) Ð
§(4) (2)ʥ(3)ಁʥ 6A ૈ̊τஃց “(4) Subject to subsections (2) and (3) and section 6A, ւ members of the Tribunal shall be such personsٽܧcᄗസ୮ؿιࡗݯͅϷ̔ ؿɁɡĶ appointed by the Chief Executive who are Ðעֺկͨؿଲ˞Ɏ႓ ਿพ༅ࣟhֶ (a) qualified in law; or܁a) Ԯτؒ) ւႏݯܰΕԑɠΔЅ (b) in the opinion of the Chief Executive, sufficientlyٽܧb) Ϸ) ೡ experienced in the practice of land valuation܁ძʿࠍֶΕᗐ˝ᄗസ୮ؒ ѵؿܺԒԯˢᆲᕿԮௐӷਪ or some other subject relevant to the ˮͨᄗസ୮ιࡗؿe¨ proceedings of the Tribunal to sit as members of the Tribunal.”
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