Hong Kong Ordinances

ARBITRATION ORDINANCE - SECT 13A

Power of judges to take arbitrations

(Past version on 30/06/1997).

(1) Subject to the following provisions of this section a judge, District
Judge, magistrate or public officer, may, if in all the circumstances he
thinks fit, accept appointment as a sole or joint arbitrator, or as umpire, by
or by virtue of an arbitration agreement.

(2) A judge, District Judge or magistrate shall not accept appointment as an
arbitrator or umpire unless the Chief Justice has informed him that, having
regard to the state of business in the courts, he can be made available to do
so.

(3) A public officer shall not accept appointment as an arbitrator or umpire
unless the Secretary for Justice has informed him that he can be made
available to do so. (Amended L.N. 362 of 1997)

(4) The fees payable for the services of a judge, District Judge, magistrate
or public officer as an arbitrator or umpire shall be paid into the general
revenue. (Amended 64 of 1989 s. 11)

(5) The Fourth Schedule shall have effect for modifying, and in certain cases
replacing, provisions of this Ordinance in relation to arbitration by a judge
as a sole arbitrator or umpire and, in particular, for substituting the Court
of Appeal for the Court in provisions whereby arbitrators and umpires, their
proceedings and awards, are subject to control and review by the Court.

(6) Subject to section 23C(3) any jurisdiction which is exercisable by the
Court in relation to arbitrators and umpires otherwise than under this
Ordinance shall, in relation to a judge appointed as a sole arbitrator or
umpire, be exercisable instead by the Court of Appeal. (Added 10 of 1982 s. 7)
[cf. 1970 c. 31 s. 4 U.K.]