598039-1939-Supplementary-Bills-read-a-first-time- — Page 6

309

A BILL

INTITULED

[No. 6-16.2.39.-1.]

An Ordinance to amend the law relating to the professional qualifications required in the case of Judges of the Supreme Court and Full Court.

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:

1. This Ordinance may be cited as the Supreme Court Short title. and Full Court Ordinances Amendment Ordinance, 1939.

2. The Supreme Court Ordinance, 1873, is amended by New section the insertion of the following new section after section 10 thereof :-

10A added to Ordinance No. 3 of 1873.

of future

10A. No person shall be appointed to be Chief Justice, Professional or Puisne Judge or a temporary additional judge or shall be qualifications deemed a fit and proper person to fill the office of the Chief judges. Justice or of any Puisne Judge under section 9 or section 10 unless-

(i) he is qualified to practise as an advocate in a Court in England, Scotland, Northern Ireland or some other part of His Majesty's dominions having unlimited jurisdiction either in civil or criminal matters, and

(ii) he has been qualified for not less than five years to practise as an advocate or solicitor in such a Court.

of Ordinance

3. Sub-section (4) of section 2 of the Full Court Ordin- Amendment ance, 1933, is amended by the deletion of the words "or a No. 8 of barrister who has previously held or has acted in any judicial 1933, office in the Colony, or

s. 2 (4). a barrister of not less than seven years standing, temporarily appointed by the Governor from time to time for the purpose of this Ordinance," and by the substitution thereof of the words "or a person with the qualifications for judicial office required by section 10A of the Supreme Court Ordinance, 1873, and appointed in accordance Ordinance with the provisions of section 10 thereof.'

No. 3 of

1873.

Objects and Reasons.

1. The establishment of a Colonial Legal Service, the members of which are liable to transfer from one Colony to another, makes it important that the provisions of the law relating to the qualifications of Judges should be uniform throughout the Colonial Empire.