reason
655
1933.
(3) If in any other case the Governor either for the Ordinance purposes of the Full Court Ordinance, 1933, or for any other No. 8 of
considers it desirable that a temporary additional judge or temporary additional judges should be appointed, it shall be lawful for him temporarily to appoint a fit and proper person or persons to be a temporary additional judge or temporary additional judges and to terminate any such appointment as and when he shall think it desirable.
(4) Judges temporarily appointed by the Governor under this section shall be given instruments of appointment under the public seal: Provided that any such instrument, in the case of a judge temporarily appointed for the purposes of the Full Court Ordinance, 1933, may provide that it shall take effect whenever and as often as the services of the judge may be required by the Chief Justice for the purposes of the said Ordinance: Provided also that nothing herein contained shall be deemed to require a special instrument in the case of the Judge of His Britannic Majesty's Supreme Court for China when a member of the Full Court under the said Ordinance.
Justice and
to hold
11. No Chief Justice or Puisne Judge shall be capable Chief of accepting or performing any other office or place of Puisne profit or emolument not authorised by law, and any such Judges not acceptance or performance shall be ipso facto an avoidance other office of his office of Chief Justice or Puisne Judge: Provided that of profit. this section shall not apply to a judge temporarily appointed under section 10.
Proviso.
Objects and Reasons.
1. This Bill repeals sections 9, 10 and 11 of the principal Ordinance, No. 3 of 1873, as amended by Ordinance No. 1 of 1929, and re-enacts them in a redrafted form which clarifies the procedure and effect of the appointment of permanent and temporary judges of the Supreme Court.
2. In the new section 9 the old sub-sections (2) and (3) as amended in 1929 are redrafted and consolidated as sub- section (2).
3. In the new sub-section 10 (1) the words. "In case the office of the Chief Justice or of any Puisne Judge❞ are substituted for the words "In case the office of any judge in the permanent service of the Colony", and correspondingly alterations have been made in sub-section 10 (2).
4. The old sub-section 10 (3) was added in 1929 to enable the Governor to appoint temporary judges in addition to the judges in the permanent service of the Colony and contemplated such appointments "to relieve from or in his judicial duties a judge who may be engaged at the time in other public work, or to appoint an additional judge for the purpose of dealing with a pressure of judicial work," (see Objects and Reasons in 1929 Hong Kong Hansard p. 14) and gave power to the Governor to appoint a temporary judge