TNAG-2695-FCO40-3901-Hong-Kong-Judiciary-and-judicial-appointments-1993 — Page 34

rcise those notified in

litions and y be varied estrictions, ig Govern-

his Article nstructions Our Royal e and such

ich Judges. be lawfully y law, hold

ernor or of Patent is on it shall be

to the same

ne office by

1 (1) of this IIA of these ferred upon e office shall

ed within the the Gover- Our behalf, offence who ction of the >re than one; iny crime or court martial

or subject to se, a pardon nder, or any eriod as the

ies, or forfei- overnor shall litical nature dition of any I be banished 'olony.

7

XVI. Subject to the provisions of Article XVIA, the Governor may, subject to such instructions as may from time to time be given to him by Us through one of Our Principal Secretaries of State, upon sufficient cause to him appearing, dismiss or suspend from the exercise of his office any person holding any public office within the Colony, or, subject as aforesaid, may take such other disciplinary action as may seem to him desirable.

XVIA. (1) Subject to the provisions of this Article, a judge of the Supreme Court or a judge of the District Court shall vacate his office when he attains the retiring age:

Provided that, notwithstanding that he has attained the retiring age, a person holding such an office may continue in office for so long after attaining that age as may be necessary to enable him to deliver judgment or to do any other thing in relation to proceedings that were commenced before him before he attained that age.

(2) (a) For the purposes of the preceding paragraph "retiring

age" means-

(i) in relation to the Chief Justice and any other judge of the Supreme Court, the age of sixty-five years; and

(ii) in relation to a judge of the District Court who was appointed to be such judge before 1st January 1987, the age of sixty years; and

(iii) in relation to a judge of the District Court who was appointed to be such judge on or after 1st January 1987, the age of sixty-five years.

(b) Notwithstanding the preceding sub-paragraph--

(i) a person may be appointed to be a judge of the Supreme Court (whatever his age and whether or not he has previously held office as such) for a specified period or periods not exceeding five years in the aggregate; (ii) the term of office of a judge of the Supreme Court (other than a person appointed to be a judge of the Supreme Court under this sub-paragraph) or a judge of the District Court referred to in sub-paragraph (a)(ii) may be extended for a specified period or periods not exceeding five years in the aggregate,

and in any such case the judge shall accordingly be regarded for the purposes of the preceding paragraph as having attained the retiring age at the expiration of the specified period or periods.

(3) A judge of the Supreme Court or the District Court may at any time resign his office by writing under his hand addressed to the Governor.

(4) A judge of the Supreme Court or the District Court may be removed from office only for inability to discharge the functions of his office (whether arising from infirmity of body or mind or from any other cause) or for misbehaviour, and shall not be so removed except in accordance with the provisions of paragraph (5) of this Article.

Dismissal and suspension of officers. (Amended on 30.4.38. 17.11.67.)

Tenure of office of Supreme Court or district judge.

(Amended on 7.5.76.

30.4.82.

9.4.88.)