TNAG-0499-FCO40-564-Administration-of-justice-in-Hong-Kong-1974 — Page 20

6.

3

Governor whether he should request that the question of the removal of the judge should be referred by Us to the Judicial Committee; and

(c) if the tribunal so recommends, the

Governor shall request that the

question should be referred accordingly.

(6) If the question of removing a judge of the Supreme Court or the District Court from office has been referred to a tribunal appointed under paragraph (5) of this Article, the Governor may suspend the judge from performing the functions of his office.

(7) Any such suspension may at any time be revoked by the Governor and shall in any case cease to have effect

(a) if the tribunal recommends to the

Governor that he should not request that the question of the removal from office of the judge should be referred to Us to the Judicial Committee; or

(b) if the Judicial Committee advises Us

that the judge ought not to be removed from office. "

Pensions Ordinance. The changes which we see as required, firstly, in the context of the raising of the retiring age and secondly, generally in disengaging the judges from provisions which are more appropriate in the case of other public servants, are:

Section 5

d

new subsection (4) -

(4) This section shall not apply to a judge of the Supreme Court or a District Judge.

Section 6 in (a) and (aa) --

Insert after "judge" the following

a District Judge".

New Section 7A.

Removal of

judge or district juage from office.

"or

7A. If a judge or a District Judge is removed from office by the Governor by instrument under the Public Seal, the Governor may, if he thinks fit, grant to him such pension, gratuity or other allowance as he thinks just and proper.".

/Section 8