Repeal and replacement of sections 13, 14 and 15.
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(2) A judge, other than-
(a) a judge appointed under subsection (1) or (2) of
section 13; and
(b) a Commissioner,
shall be appointed by Letters Patent under the Public Seal by the Governor, in accordance with such instructions as the Governor may receive through a Secretary of State.".
4.
Sections 13, 14 and 15 of the principal Ordinance are repealed and replaced by the following
"Acting appoint- maents.
Appoint- ment of Commis-
sioners.
13. (1) If the office of Chief Justice or Senior Puisnc Judge becomes vacant, by death or otherwise, the Governor may appoint another person to act in such office until an appointment is made under sub- section (2) of section 12.
(2) If the Chief Justice or the Senior Puisne Judge is temporarily ill or absent, the Governor may appoint another person to act in bis office until he resumes the duties thereof,
134. (1) The Chief Justice may appoint a person to be a Commissioner of the Supreme Court it-
(a) the office of any Puisme Judge becomes
vacant for any reason; or
(b) be considers that the interests of the adminis
tration of justice require that a Commis- sloter should be appointed temporarily, (2) Subject to the terms of his appointment, a Commissioner shall have and may exercise all the jurisdiction, powers and privileges and shall have and perform all the duties of a Puisne Judge, and any reference in any law to a Puisne Judge shall be construed accordingly.
(3) Without prejudice to the powers conferred on him by subsection (1), the Chief Justice may appoint a Commissioner under that subsection-
(a) for the purposes of a specified case or class
of cases only; or
(5) for a specified period only.
(4) Notwithstanding subsection (2), the Chief Justice may terminate the appointment of a Com- missioner at any time.
Powers of Commis- sioners in cases which are part- beard on
ccination
of appoint- ment.
Precedence.
Professional qualifica- tions of judges.
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138. If the hearing of any proceedings before a Commissioner (whether sitting alone or as a member of the Full Court) is adjourned or if judgment is reserved in any such proceedings, the Commissioner or the Full Court (including the Commissioner), as the case may be, shall have power to resume the hearing and determine the proceedings or to deliver judgment, notwithstanding that the appointment of the Commissioner has expired or bas been terminated. 14. The judges shall take precedence in the following order-
(a) the Chief Justice:
(b) the Senior Puisne Judge;
(c) the Puisne Judges, who among themselves sball rank according to the priority of their respective appointments as such in Hong Kong:
Provided that where the Secretary of State is of the opinion that there are sufficient reasons for so doing, he may determine the precedence of the Puisne Judges irrespective of the priority of such appointments;
(d) Commissioners, who among themselves shall rank according to the priority of their respective appointments:
Provided that where the Governor is of the opinion that there are sufficient reasons for so doing, he may determine the pre- cedence of Commissioners irrespective of the priority of such appointments.
15 (1) No person shall be appointed to be a judge naless-
(a) he is qualified to practise as an advocate in a court in England, Scotland, Northern Ireland or some other part of the Common- wealth or the Republic of Ireland having unlimited jurisdiction either in civil or criminal matters; and
(b) since becoming so qualified or, in the case of a person who prior to becoming so qualified was qualified to practise as 2 solicitor in such a court, since becoming so