TNAG-2738-FCO40-3951-Hong-Kong-Letters-Patent-1993-1993 — Page 55

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(2) When two or more persons are holding the same office by reason of an appointment made pursuant to paragraph (1) of this Article, then for the purposes of Articles XVII and XVIIA of these Letters Patent and for the purpose of any function conferred upon the holder of that office, the person last appointed to the office shall be deemed to be the holder of the office.

XV. When any crime or offence has been committed within the Colony, or for which the offender may be tried therein, the Governor may, as he shall see occasion, in Our name and on Our behalf, grant a pardon to any accomplice in such crime or offence who shall give such information as shall lead to the conviction of the principal offender, or of any one of such offenders, if more than one; and further, may grant to any offender convicted of any crime or offence by any court of law in the Colony (other than a court martial established under any Act of Parliament), either free or subject to such conditions as the Governor may think fit to impose, a pardon or any remission of the sentence passed on such offender, or any respite of the execution of such sentence for such period as the Governor thinks fit, and may remit any fines, penalties, or forfeitures due or accrued to Us. Provided always that the Governor shall in no case, except where the offence has been of a political nature unaccompanied by any other grave crime, make it a condition of any pardon or remission of sentence that the offender shall be banished from or shall absent himself or be removed from the Colony.

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

Grant of pardon.

Remission of fines. Proviso. Banishment prohibited. Exception. Political offences. (Amended on 5.2.71.)

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.)