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The JP System

JPs are at present appointed by the Governor under Article XIV of the Letters Patent. The award of the title of JP has come to be regarded in Hong Kong as a form of recognition of an individual's standing in the community, and has proved over time to be one of the most effective ways of promoting community service by individuals. We consider that the institution should continue beyond 30 June. We therefore propose to enact a local JP Ordinance to establish a Hong Kong-based JP system and also to take this opportunity to update the powers and functions of JPs.

Authority for appointment and revocation of appointment of JPs

The JP Bill proposes to empower the Governor to appoint any person whom he considers to be fit and proper to be a JP; and to revoke the appointment of any JP under certain specified conditions, for example if the JP has been convicted of an offence and has been sentenced to imprisonment, is suffering from mental disorder, or has departed and remained outside Hong Kong for a continuous period of six months or more without the approval of the Governor.

A new JP Oath will be introduced to replace the current requirement for prospective JPs to take the Judicial Oath and the Oath of Allegiance. The proposed new Oath is based on the current Legislative Council Oath.

Categories of JPs

Although the categories of JP do not need to be specified in the Bill, we propose to maintain the current administrative practice of having two categories of JPs - official and non-official JPs. We also propose to retain the sub-category of New Territories JPs, who are ex-officio Councillors of the Heung Yee Kuk under the Heung Yee Kuk Ordinance.

We

propose that on the commencement of the Ordinance, all existing JPs shall continue to be JPs, subject to the terms and conditions of their appointment, except that judges and magistrates who at present are JPs by virtue of their office - shall cease to be JPs. As all the historical judicial and quasi-judicial powers of JPs are now performed by judges and magistrates in their capacity as judges and magistrates, we consider that there is no need for them to retain the ex-officio title of JP.