15
END
5. 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 in any case not covered by the previous
sub-sections. In redrafting the sub-section it has been con-
sidered desirable to provide for more than one temporary addition-
al judge, to make express reference to the temporary members of
the Full Court, and to omit, as in case of sub-section (1), the
words "in the permanent service of the Colony".
6.
Sub-section 10(4) is new. It appears from the Objects
and Reasons of the 1929 Ordinance (1929 Hansard p.14) that the
intention of the saving in section 9 (2) was to provide that
temporary judges need not be appointed in the formal manner in
which permanent judges are appointed. The new sub-section (4)
added to sub-section 10 clarifies the method of appointment
of temporary judges.
7.
Section 11 of the principal Ordinance which avoids the
office of a judge of the Supreme Court taking or performing any
other place of profit or emolument not authorised by law has
been redrafted and made inapplicable to judges temporarily
appointed under section 10. The section in the principal Ord-
inance evidently contemplated the situation of a permanent
judge accepting or performing the duties of another office and
not the situation of the holder of another position being
required temporarily to assist as a judge in the Supreme Court.
8.
In my opinion this is an Ordinance to which His Excellency
the Governor may properly assent in the name of His Majesty and
on His behalf.
стае
Attorney General.
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