202 HONG KONG LEGISLATIVE COUNCIL 17th December 1969.
[THE ATTORNEY GENERAL] Supreme Court (Amendment)
second reading
Bill-
Court Judge. At present, the section requires only that a Supreme Court Judge shall have been qualified to practise in a Commonwealth court of unlimited jurisdiction for at least 5 years, but does not oblige him to have any actual experience of the practice of law in any sphere.
The new section 15, which closely follows section 5 of the District Court Ordinance, will prescribe a minimum of ten years actual experience, of one of the various kinds which are set out in paragraph (b) of the proposed new section 15(1). Perhaps I should point out, to avoid any possible misunderstanding, that anybody who would be qualified for appointment under the new provisions would also have been eligible under the present ones.
Clause 4 also deletes references in the Ordinance to the Chief Justice of Singapore, sitting as a member of the Full Court and to the Chief Justice of Hong Kong sitting as a member of the Court of Appeal in Singapore, since these provisions for reciprocal exchange have not been used for many years.
Clause 6 of the bill provides for judges to be Justices of the Peace by virtue of their office, which will enable them in appropriate cases to bind a person over to be of good behaviour and to keep the peace.
Clause 8 repeals and replaces section 29 of the Ordinance with the object of setting out more clearly and comprehensively the circum- stances in which appeals will lie to the Full Court in civil matters.
Clause 10 replaces the definition of "judge" in the Interpretation and General Clauses Ordinance so as to include a reference to the proposed Appeal Judge.
Question proposed.
Motion made (pursuant to Standing Order No 30). That the debate on the second reading of the bill be adjourned-THE COLONIAL SECRETARY (SIR HUGH NORMan-Walker).
Question put and agreed to.
Explanatory Memorandum
This Bill makes several amendments to the principal
Ordinance.
2.
Clause 3 provides for the appointment of an Appeal Judge, who will take precedence after the Chief Justice.
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