Hong Kong Ordinances

HIGH COURT ORDINANCE - SECT 9

Professional qualifications of judges

(Past version on 01/07/1997).
(Past version on 30/06/1997).

(1) A person shall be eligible to be appointed to be a judge of the High Court
if- (Amended 25 of 1998 s. 2)

   (a)  he is qualified to practise as a barrister or advocate in a court in
        Hong Kong or any other common law jurisdiction having unlimited
        jurisdiction either in civil or criminal matters; or (Amended 14 of
        1997 s. 2)

   (b)  he is qualified as mentioned in paragraph (a) and prior thereto was
        qualified to practise as a solicitor in such a court, and, in either
        case, he has for at least 10 years practised as a barrister, solicitor
        or advocate in such a court.

(1A) A person shall also be eligible to be appointed to be a judge of the High
Court if he is qualified to practise as a solicitor of the High Court and has
for at least 10 years practised as such. (Added 52 of 1995 s. 2. Amended 25 of
1998 s. 2)

(2) A person shall also be eligible to be appointed to be a judge of the High
Court if- (Amended 25 of 1998 s. 2)

   (a)  he is qualified to practise as a barrister or advocate in a court in
        Hong Kong or any other common law jurisdiction having unlimited
        jurisdiction either in civil or criminal matters; or (Amended 14 of
        1997 s. 2)

   (b)  he is qualified as mentioned in paragraph (a) and prior thereto was
        qualified to practise as a solicitor in such a court, and, in either
        case, he has, subject to subsection (3), for at least 10 years-

        (i)    -(iii) (Repealed 14 of 1997 s. 2)

        (iv)   been a District Judge appointed in accordance with section 4 or
               7 of the District Court Ordinance ( Cap 336);

(iva) been the Registrar of the Hong Kong Court of Final Appeal appointed in
accordance with section 42 of the Hong Kong Court of Final  Appeal Ordinance (
Cap 484); (Added 10 of 2005 s. 132)

(ivb) been the Registrar or a senior deputy registrar, deputy registrar or
assistant registrar appointed in accordance with section 37; (Added 10 of 2005
s. 132)

(ivc) been the Registrar of the District Court or a deputy registrar or
assistant registrar of the District Court, appointed in accordance with
section 14 of the District Court Ordinance ( Cap 336); (Added 10 of 2005 s.
132)

        (v)    been a permanent magistrate appointed in accordance with
               section 5 of the Magistrates Ordinance ( Cap 227);

(va) been a coroner appointed in accordance with section 3 of the
Coroners Ordinance ( Cap 504); (Added 10 of 2005 s. 132)

(vb) been an adjudicator appointed in accordance with section 4 of the
Small Claims Tribunal Ordinance ( Cap 338); (Added 10 of 2005 s. 132)

(vc) been a presiding officer appointed in accordance with section  4 of the
Labour Tribunal Ordinance ( Cap 25); (Added 10 of 2005 s. 132)

        (vi)   been a legal officer as defined in section 2 of the Legal 
               Officers Ordinance ( Cap 87);

        (vii)  (Repealed 8 of 1993 s. 6)

        (viii) been the Director of Legal Aid or a Deputy Director of Legal
               Aid, Assistant Director of Legal Aid or Legal Aid Officer,
               appointed in accordance with section 3 of the
               Legal Aid Ordinance ( Cap 91); (Added 50 of 1976 s. 2. Amended
               24 of 1983 s. 7; 39 of 1992 s. 8; 60 of 1992 s. 3)

        (ix)   been the Official Receiver or an Assistant Official Receiver
               (Legal), Assistant Principal Solicitor, Senior Solicitor or
               Solicitor, appointed in accordance with section 75 of the
               Bankruptcy Ordinance ( Cap  6); or (Added 39 of 1992 s. 8.
               Amended 60 of 1992 s. 3; 68 of 1995 s. 17)

        (x)    been the Director of Intellectual Property or a Deputy Director
               of Intellectual Property, Assistant Director of Intellectual
               Property, Senior Solicitor or Solicitor, appointed in
               accordance with section 3 of the
               Director of Intellectual Property (Establishment) Ordinance (
               Cap  412). (Added 60 of 1992 s. 3)

(2A) A person shall also be eligible to be appointed to be a judge of the High
Court if- (Amended 25 of 1998 s. 2)

   (a)  he is a solicitor of a court in Hong Kong or any other common law
        jurisdiction having unlimited jurisdiction either in civil or criminal
        matters; (Amended 14 of 1997 s. 2)

   (b)  he is and has been for the previous 2 years at least, and in aggregate
        for at least 5 years, employed in the service of the Crown in Hong
        Kong on judicial or legal work; and

   (c)  he has, subject to subsection (4), for at least 10 years either-

        (i)    practised as a barrister, solicitor or advocate in such a
               court; or

        (ii)   been employed in such service as is described in paragraph

   (b)  . (Added 44 of 1982 s. 2)

(3) For the purposes of calculating the period of 10 years referred to in
subsection (2), periods of less than 10 years falling within any of paragraphs
(iv) to (x) of that subsection may be combined, and there may be included in
such period, any period of practice as a barrister, solicitor or advocate in
any of the courts referred to in subsection

(2)(a). (Amended 50 of 1976 s. 2; 39 of 1992 s. 8; 60 of 1992 s. 3; 14 of 1997
s. 2)

(4) For the purposes of calculating the period of 10 years referred to in
subsection (2A)(c) there may be included any period of less than 10 years
falling within any of paragraphs (iv) to (x) of subsection (2), and periods of
less than 10 years falling within subparagraphs (i) and (ii) of subsection
(2A)(c) may be combined. (Added 44 of 1982 s. 2. Amended 39 of 1992 s. 8; 60
of 1992 s. 3; 14 of 1997 s. 2)

(5) For the purposes of calculating the period of 10 years under subsection
(2), periods served in an office specified in Part I of the First Schedule to
the repealed Registrar General (Establishment) Ordinance ( Cap 100) may be
taken into account notwithstanding the repeal of that Ordinance. (Added 8 of
1993 s. 6) (Amended 10 of 2005 s. 132)