Hong Kong Ordinances

HIGH COURT ORDINANCE - SECT 11A

Term of office of judges

(Past version on 30/06/1997).

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

(1) A judge of the High Court shall vacate his office when he attains the
retiring age.

(2) Notwithstanding the fact that he has attained the retiring age, a person
holding the office of a judge of the High Court may continue in office for so
long after attaining the retiring age as may be necessary to enable him to
deliver judgment or to do any other thing in relation to proceedings that were
commenced before him before he attained that age.

(3) Notwithstanding subsection (1)-

   (a)  a person may be appointed to be a judge of the High Court

(whatever his age and whether or not he has previously held office as such)
for a specified period or periods not exceeding 5 years in the aggregate by
the Governor acting in accordance with the recommendation of the Judicial
Service Commission; and

   (b)  the term of office of a judge of the High Court (other than a person
        appointed to be a judge under paragraph (a)) may be extended for a
        specified period or periods not exceeding 5 years in the aggregate by
        the Governor acting in accordance with the recommendation of the
        Judicial Service Commission, and in any such case the judge shall
        accordingly be regarded as having attained the retiring age at the
        expiration of the specified period or periods.

(4) A judge of the High Court may at any time resign his office by notice in
writing addressed to the Governor.

(5) In this section-

"judge of the High Court" (高等法院法官) means a judge of the High Court
other than a judge appointed under section 8(1) or (2), a recorder and a
deputy  judge;

"retiring age" (退休年齡) means the age of 65 years. (Added 26 of 1997 s.
3. Amended 25 of 1998 s. 2)

"judge of the High Court" (高等法院法官)

"retiring age" (退休年齡)