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HONG KONG LEGISLATIVE COUNCIL.
or congestion of litigation, or it may be desirable to appoint a judge temporarily to relieve another permanent judge for some non-judicial work on which he may be engaged for the time being. I beg to move the first reading.
THE COLONIAL SECRETARY seconded and the Bill was read a first time.
Objects and Reasons.
The "Objects and Reasons" for the Bill were follows:-
stated as
1. At present the power to appoint temporarily a judge of the Supreme Court is confined to the following cases:-
(a) Where the office of a judge has become vacant by death
or otherwise: Ordinance No. 3 of 1873, s. 10 (1).
(b) In case of the temporary illness or absence of a judge:
Ordinance No. 3 of 1873, s. 10 (2).
(c) For the purposes of the Full Court Ordinance, 1912:
Ordinance No. 27 of 1912, s. 5 (3).
There is no express power to appoint a judge 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. The chief object of this bill is to give the Governor power to appoint a temporary judge in any case in which he considers it desirable for any reason. This is effected by clause 4 of this bill.
2. Sub-section (2) of section 9 of the principal Ordinance provides that, "save as is provided in section 5 (3) of the Full Court Ordinance, 1912," every judge shall be appointed by Letters Patent under the public seal of the Governor, in accordance with such instructions as he may receive through a Secretary of State. Sub-section (3) of the same section provides, subject to the same saving, that the judges shall hold office during His Majesty's pleasure. The obvious intention of the two savings is that a person appointed temporarily to sit as judge in the Full Court (a) need not be appointed in the formal manner in which permanent judges are appointed, and (b) shall cease to hold office when the necessity for his appointment ceases. Clause 2 of this bill extends these two exemptions to all temporary judges. The wording of the saving is slightly altered because neither of the sections referred to in it makes any express provision for either exemption.
3. Clause 2 of the bill deals with a matter which has long been awaiting a convenient opportunity. Section 6 of the Supreme
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