Cap 484 s 5 Constitution of the Court (HONG KONG COURT OF FINAL APPEAL ORDINANCE)

Contents of Section

Chapter:	484	Title:	HONG KONG COURT OF FINAL APPEAL ORDINANCE	Gazette Number:	132 of 1997 s. 2
Section:	5	Heading:	Constitution of the Court	Version Date:	05/09/1997

(1) The following shall be the judges of the Court-

(a) the Chief Justice; and

(b) the permanent judges.

(2) The Court may as required invite non-permanent Hong Kong judges to sit on the Court.
(3) The Court may as required invite judges from other common law jurisdictions to sit on the Court.
(4) When sitting as a member of the Court pursuant to subsection (2) or (3) a judge shall be deemed to be a member of the Court.
(5) Subject to section 7(2) there shall be not less than 3 permanent judges.
(6) Subject to subsection (7), where the Chief Justice is ill or absent for any cause, the Chief Executive shall appoint the next most senior permanent judge who is eligible to be appointed as the Chief Justice, to act as Chief Justice, with all the powers and functions of the Chief Justice, that seniority being determined in accordance with the order of precedence prescribed in section 11 with the judge having the highest precedence being regarded as the most senior. (Amended 120 of 1997 s. 4; 132 of 1997 s. 2)
(7) If there is no permanent judge who is eligible to be appointed as the Chief Justice, the Chief Executive shall, where the Chief Justice is ill or absent for any cause, appoint the next most senior permanent judge, even though he is not so eligible, to act as Chief Justice, with all the powers and functions of the Chief Justice, that seniority being determined in the manner specified in subsection (6). (Added 132 of 1997 s. 2)