Governor by this Article may or by any person authorized, b an office, to exercise those thorization shall be notified in
subject to such conditions and hay specify, and may be varied such conditions, restrictions, ed in the Hong Kong Govern-
land made under this Article provisions of such Instructions he Governor under Our Royal a Secretary of State and such orce in the Colony.
tute and appoint such Judges. ic officers as may be lawfully therwise provided by law, hold
f the Office of Governor or of IV of these Letters Patent is on ht of his office, it shall be lawful bstantively to the same office. are holding the same office by suant to paragraph (1) of this cles XVII and XVIIA of these any function conferred upon st appointed to the office shall
cc.
e has been committed within Her may be tried therein, the on, in Our name and on Our plice in such crime or offence ll lead to the conviction of the ch offenders, if more than one; der convicted of any crime or ony (other than a court martial bent), either free or subject to think fit to impose, a pardon sed on such offender, or any tence for such period as the y fines, penalties, or forfeitures that the Governor shall in no been of a political nature me, make it a condition of any the offender shall be banished hoved from the Colony.
7
Dismissal and
officers. (Amended on 30.4.38. 17.11.67.)
XVI. Subject to the provisions of Article XVIA, the Governor may, subject to such instructions as may from time to time be given suspension of to him by Us through one of Our Principal Secretaries of State, upon sufficient cause to him appearing, dismiss or suspend from the exercise of his office any person holding any public office within the Colony, or, subject as aforesaid, may take such other disciplinary action as may seem to him desirable.
XVIA. (1) Subject to the provisions of this Article, a judge of the Supreme Court or a judge of the District Court shall vacate his office when he attains the retiring age:
Provided that, notwithstanding that he has attained the retiring age, a person holding such an office may continue in office for so long after attaining that age as may be necessary to enable him to deliver judgment or to do any other thing in relation to proceedings that were commenced before him before he attained that age.
(2) (a) For the purposes of the preceding paragraph "retiring
age" means-
(i) in relation to the Chief Justice and any other judge of the Supreme Court, the age of sixty-five years; and
(ii) in relation to a judge of the District Court, the age of sixty years.
(b) Notwithstanding the preceding sub-paragraph-
(i) a person may be appointed to be a judge of the Supreme Court (whatever his age and whether or not he has previously held office as such) for a specified period or periods not exceeding five years in the aggregate; (ii) the term of office of a judge of the District Court may be extended for a specified period or periods not exceeding five years in the aggregate after his attainment of the age of sixty years,
and in any such case the judge shall accordingly be regarded for the purposes of the preceding paragraph as having attained the retiring age at the expiration of the specified period or periods.
(3) A judge of the Supreme Court or the District Court may at any time resign his office by writing under his hand addressed to the Governor.
(4) A judge of the Supreme Court or the District Court may be removed from office only for inability to discharge the functions of his office (whether arising from infirmity of body or mind or from any other cause) or for misbehaviour, and shall not be so removed except in accordance with the provisions of paragraph (5) of this Article.
(5) A judge of the Supreme Court or the District Court shall be removed from office by the Governor by instrument under the Public Seal if the question of his removal from office has, at the request of the Governor made in pursuance of paragraph (6) of this
Tenure of office of Supreme Court or district judge.
(Amended on 7.5.76.
30.4.82.)