Hong Kong Ordinances

HIGH COURT ORDINANCE - SECT 10

Appointment of deputy judges

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 25 of 1998 s. 2

(1) The Chief Justice may appoint a person, who is eligible to be appointed to
be a judge of the High Court under section 9, to be a deputy  judge of the
Court of First Instance if- (Amended 44 of 1982 s. 3; 25 of 1998 s. 2)

   (a)  the office of any judge of the Court of First Instance becomes vacant
        for any reason; or (Amended 25 of 1998 s. 2)

   (b)  he considers that the interests of the administration of justice
        require that a deputy judge should be appointed temporarily.

(1A) Subject to subsection (1B), any appointment made under subsection (1) may
be given effect from a date anterior to that of the instrument by which it is
made. (Added 80 of 1994 s. 8)

(1B) Nothing in subsection (1A) shall be deemed to authorize the discharge of
any judicial functions by any person so appointed before the date of the
instrument or before the requirements of section 17 of the Oaths and 
Declarations Ordinance ( Cap 11) have been fulfilled. (Added 80 of 1994 s. 8)

(2) Subject to the terms of his appointment, a deputy judge shall have and may
exercise all the jurisdiction, powers and privileges and shall have and
perform all the duties of a judge of the Court of First  Instance, and any
reference in any law to such a judge shall be construed accordingly. (Amended
25 of 1998 s. 2)

(3) Without prejudice to the powers conferred on him by subsection

(1), the Chief Justice may appoint a deputy judge under that subsection-

   (a)  for the purposes of a specified case or class of cases only; or

   (b)  for a specified period only.

(4) Notwithstanding subsection (2), the Chief Justice may terminate the
appointment of a deputy judge at any time. (Amended 49 of 1983 s. 5)