TNAG-0262-FCO40-298-Appointments-to-judiciary-of-Hong-Kong-1970 — Page 92

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

HONG KONG LEGISLATIVE COUNCIL 17th December 1969. 203

3. Clause 4 introduces new provisions for temporary ap- pointments to the Supreme Court bench. The principal Ordinance at present provides for the appointment of a person to act tem- porarily if a judge is temporarily ill or absent or if there is a vacancy for a judge; it also provides for the appointment of temporary additional judges. In future, with the exception of an acting Chief Justice, Appeal Judge or Senior Puisne Judge, tem- porary judges will be appointed as Commissioners of the Supreme Court. A Commissioner may be appointed for a specified case or class of case only, or for a specified period only. A Commis- sioner whose appointment has expired or has been terminated may nevertheless continue to act for the purposes of disposing of any part-heard proceedings before him.

4. Clause 4 also alters the requirements of the principal Ordinance as to the professional qualifications of judges. A person will not be eligible for appointment as a judge unless he is qalified to practise as an advocate in a court in the Common- wealth or Ireland which has unlimited criminal or civil jurisdic- tion, and he has not less than ten years cumulative experience as a qualified advocate or solicitor in such a court, or in certain judicial or legal posts.

5. Clause 4 also deletes references in the principal Ordin- ance to the Chief Justice of Singapore sitting as a member of the Full Court and to the Chief Justice of Hong Kong sitting as a member of the Court of Appeal or Court of Criminal Appeal of Singapore. This practice has not been followed for many years.

6. Provision is made in clause 6 for judges to be justices of the peace ex officio.

7. Clause 8 repeals section 29 of the principal Ordinance, dealing with appeals to the Full Court, and substitutes new pro- visions which set out comprehensively the circumstances in which appeals will lie.

8. The provisions of the Bill relating to the Appeal Judge will come into operation on a day to be appointed by the Governor by notice in the Gazette. The other provisions of the Bill will come into operation when the Bill becomes law.

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FULL COURT (AMENDMENT) BILL 1970

THE ATTORNEY GENERAL (MR ROBERTS) moved the second reading of:—“A bill to amend further the Full Court Ordinance.”

He said: --Sir, this bill contains a number of amendments to the principal Ordinance which are consequential upon the changes

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