TNAG-1280-FCO40-1631-Public-Service-in-Hong-Kong-devolution-of-Secretary-of-State-1983 — Page 13

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(á) a person appointed by the Governor, acting after consultation

with the Chief Justice, by instrument under the Public Seal.

(3) A person shall not be qualified to be appointed as a member of the Cominission under subsection (2)(d) of this section unless he holds. or is qualified to hold or has held high judicial office and a person shall be disqualified for appointment as such if he is a member of either chamber of the Legislature or a public officer.

(4) The office of the member of the Commission appointed under subsection (2)d) of this section shall become vacant-

(a) at the expiration of three years from the date of his appointment; (b) if he becomes a member of either chamber of the Legislature

or a public officer; or

(c) if he is removed from office in accordance with subsection (5)

of this section.

(5) The member of the Commission appointed as aforesaid shall be removed from office by the Governor by instrument under the Public Seal if the Governor, acting after consultation with the Chief Justice. is satisfied that he ought to be removed from office for inability to discharge the functions thereof (whether arising from infrmity of body or mind or any other cause) or for misbehaviour:

Provided that if such person is a judge of the Supreme Court or a judge of the Court of Appeal. he shall not be so removed unless, in accordance with the provisions of section 88 or 93, as the case may be, of this Constitution. he is removed from his office as a judge and his suspension from performing the functions of his office as a judge under section 88 or 93. as the case may be, shall have the like effect in relation to him as a member of the Commission.

(6) If the office of the member of the Commission appointed under subsection (2)(d) of this section is vacant or the holder thereof is for any reason unable to perform the functions of his office, the Governor, ecting after consultation with the Chief Justice, may appoint a person who is qualified for appointment as that member to act in the office of that member; and any person so appointed may, subject to the provisions of subsection (4) of this section, continue to act until he is notified by the Governor, acting as aforesaid, that the circumstances giving rise to the appointment have ceased to exist.

(7) A person who is acting in the office of Attorney-General shall not take part in any proceedings of the Commission relating to the exercise of its functions under section 84 of this Constitution..

103.--(1) Power to make appointments to the offices to which this section applies and to remove and to exercise disciplinary control over persons holding or acting in such offices, is vested in the Governor, acting on the recommendation of the Judicial and Legal Service Commission.

(2) Subsection (1) of this section applies to the offices of Solicitor- General. Chief Magistrate, Stipendiary and Circuit Magistrate, Registrar of the Supreme Court, Registrar General, Crown Counsel and Legal Draftsman, and such other public offices as may, by notice in the Gazette, be prescribed by the Governor.

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CALLA) sus. legat arst. Wool 65 key (gul) haina

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Appoint-

ments, etc. of judicial

and legal officers.

214 (70) 453 Defueling sisi ginal, lisse breint vimorset, si hups was, Seifrein bindi 51 270 1971

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