XN000022-1997-03-26 — Page 25

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Bill on retirement and resignation of judges

The Administration of Justice (Miscellaneous Provisions) (No.2) Bill 1997, which aims mainly to make provisions in local legislation for the retirement and resignation of Supreme Court judges and District Judges, will be gazetted tomorrow (Thursday).

A Government spokesman explained today (Wednesday) that at present, provisions for the retirement and resignation of Supreme Court judges and District Judges are contained in Article XVIA(1), (2) and (3) of the Letters Patent.

The Bill amends the Supreme Court Ordinance and the District Court Ordinance to incorporate the provisions currently in the Letters Patent.

The opportunity is also taken to make a number of technical amendments relating to the administration of oaths of office, the spokesman said.

Section 7 of the Judicial Service Commission Ordinance states that members of the Commission shall on first appointment take an oath of office administered by a judge.

"The Bill amends Section 7 of the Ordinance to enable a commissioner for oaths, in addition to a judge, to administer the oath," he said.

Besides, Section 17 of the Oaths and Declarations Ordinance provides that all judges and judicial officers specified in the Third Schedule shall take the Oath of Allegiance and the Judicial Oath as soon as possible after their appointment.

"There is, however, no statutory provision for a Justice of Appeal to take such oaths after his appointment.

"As Justices of Appeal should also be required by law to take the relevant oaths following their appointment, the opportunity is taken to amend Part 1 of the Third Schedule to provide that a Justice of Appeal should take the oaths after his appointment," the spokesman said.

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