TNAG-2738-FCO40-3951-Hong-Kong-Letters-Patent-1993-1993 — Page 57

urt who was anuary 1987,

graph-

judge of the her or not he

fied period or

ate;

preme Court judge of the

or a judge of

ph (a)(ii) may not exceeding

garded for the ed the retiring

ict Court may

l addressed to

ict Court may e the functions

ly or mind or hall not be so paragraph (5)

ict Court shall hent under the ice has, at the raph (6) of this ee of the Privy

e Act 1833 or

nd the Judicial removed from

of removing a from office for be investigated,

der the Public

another such all consist of a embers selected who hold or aving unlimited ealth or a court

h court;

9

(b) the tribunal shall enquire into the matter and report on the facts thereof to the Governor and recommend to the 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.

(7) 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 (6) of this Article, the Governor may suspend the judge from performing the functions of his office.

(8) 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 by Us to the Judicial Committee; or

(b) if the Judicial Committee advises Us that the judge ought

not to be removed from office.

XVII. (1) During any period when the office of Governor is vacant or the holder thereof is absent from the Colony or is for any other reason unable to perform the functions of his office, those functions shall, during Our pleasure, be assumed and performed by-

(a) such person as may be designated under Our Sign Manual and Signet or by Instructions given by Us through one of Our Principal Secretaries of State; or

(b) if there is no person in the Colony so designated and able to perform those functions, the person lawfully discharging the functons of Chief Secretary.

(2) Before assuming the functions of the office of Governor for the first time, any person as aforesaid shall make the oaths directed by Article III of these Our Letters to be made by the holder thereof.

(3) Any such person as aforesaid shall not continue to perform the funtions of the office of Governor after the holder thereof, or some other person having a prior right to perform those functions, has notified him that he is about to resume, or assume, those functions.

(4) The holder of the office of Governor or any other person as aforesaid shall not, for the purposes of this Article, be regarded as absent from the Colony or as unable to perform the functions of that office at any time when there is a subsisting appointment of a Deputy under Article XVIIA of these Our Letters.

Acting

Governor. (Amended on 17.11.67.

17.2.77.)