TNAG-2738-FCO40-3951-Hong-Kong-Letters-Patent-1993-1993 — Page 56

(1833 c. 41.)

8

(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.

(5) A judge of the Supreme Court or the District Court shall be removed from office by the Governor by instrument under the Public Seal if the question of his removal from office has, at the request of the Governor made in pursuance of paragraph (6) of this Article, been referred by Us to the Judicial Committee of the Privy Council under section 4 of the Judicial Committee Act 1833 or any other enactment enabling Us in that behalf, and the Judicial Committee has advised Us that the judge ought to be removed from office for inability as aforesaid or for misbehaviour.

(6) If the Governor considers that the question of removing a judge of the Supreme Court or the District Court from office for inability as aforesaid or for misbehaviour ought to be investigated, then-

(a) the Governor shall, by instrument under the Public Seal (which he may vary or revoke by another such instrument), appoint a tribunal, which shall consist of a Chairman and not less than two other members selected by the Governor from among judges who hold or have held office as judge of a court having unlimited jurisdiction in any part of the Commonwealth or a court having jurisdiction in appeals from any such court;

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XVII. (1) vacant or the ho

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