Cap 92 s 3 Judicial Officers Recommendation Commission (JUDICIAL OFFICERS RECOMMENDATION COMMISSION ORDINANCE)

Contents of Section

Chapter:	92	Title:	JUDICIAL OFFICERS RECOMMENDATION COMMISSION ORDINANCE	Gazette Number:	10 of 2005
Section:	3	Heading:	Judicial Officers Recommendation Commission	Version Date:	08/07/2005

(1) There is hereby established a Judicial Officers Recommendation Commission, which shall consist of- (Amended 79 of 1995 s. 50)

(a) the Chief Justice, who shall be the Chairman;

(b) the Secretary for Justice; and (Amended 50 of 1990 s. 2; 121 of 1997 s. 3)

+(i) 2 shall be judges;

(ii) 1 shall be a barrister and 1 shall be a solicitor, each holding a practising certificate issued under the Legal Practitioners Ordinance (Cap 159); and

(iii) 3 shall be persons who are not, in the opinion of the Chief Executive, connected in any way with the practice of law. (Replaced 50 of 1990 s. 2. Amended 121 of 1997 s. 5)

(d) (Repealed 50 of 1990 s. 2)

(1A) Before making an appointment under subsection (1)(c)(ii) the Chief Executive shall consult the Bar Council of the Hong Kong Bar Association regarding the appointment of a barrister and the Council of the Law Society of Hong Kong regarding the appointment of a solicitor. (Added 50 of 1990 s. 2. Amended 70 of 1991 s. 15; 121 of 1997 s. 5)
(1B) When consulted under subsection (1A) the Bar Council of the Bar Association may recommend any barrister to the Chief Executive for appointment and the Council of the Law Society may so recommend any solicitor, but the Chief Executive may appoint a person other than a person so recommended. (Added 50 of 1990 s. 2. Amended 70 of 1991 s. 15; 121 of 1997 s. 5)
(2) An appointed member-

(a) may resign his office by notice in writing to the Chief Executive; (Amended 121 of 1997 s. 5)

(b) shall vacate his office after 2 years, but shall be eligible for re-appointment.

(3) The Chairman and no fewer than 6 other members may exercise and perform any of the functions, powers and duties of the Commission. (Replaced 50 of 1990 s. 2)
(3A) At a meeting of the Commission a resolution is effective if-

(a) where 7 members are present, at least 5 vote in favour;

(b) where 8 members are present, at least 6 vote in favour; and

(4) The Commission may authorize the Chairman to exercise and perform, either generally or in any particular case, such of the functions, powers and duties of the Commission under this Ordinance as it may specify.
(5) A resolution of the Commission without a meeting-

(a) may be put to the vote of the members by circulating a draft of the resolution with a voting paper;

(b) may be voted on by a member by signing the voting paper and returning it to the Secretary of the Commission; and

(i) where 7 members sign the voting paper, at least 5 votes are in favour;

(ii) where 8 members sign the voting paper, at least 6 votes are in favour; and

(iii) where 9 members sign the voting paper, at least 7 votes are in favour. (Replaced 50 of 1990 s. 2)

(5A) Notwithstanding subsection (5), a resolution is not effective where any member notifies the Secretary, on the voting paper, that the resolution should be discussed at a meeting. (Added 50 of 1990 s. 2)
(5B) Where the Commission is exercising its functions- (Amended 10 of 2005 s. 130)

(a) in relation to the filling of vacancies in judicial offices under section 6(a); or

(b) in relation to the extension of the term of office of the Chief Justice under section 14 of the Hong Kong Court of Final Appeal Ordinance (Cap 484),

a member who is or may reasonably be regarded as a candidate for selection to fill any such vacancy or whose term of office is being considered for extension shall disclose whether or not, if he were to be selected or if the extension of his term of office were to be recommended as the case may be, he is willing to accept appointment or the extension and that disclosure shall be recorded in the minutes of the Commission. (Added 79 of 1995 s. 50. Amended 10 of 2005 s. 130)
(5C) A member who, under subsection (5B), discloses a willingness to accept an appointment or extension-

(a) shall not take part in any deliberation of the Commission with respect to that appointment or extension as the case may be and shall not vote on any question concerning the same; and

(b) shall, for the purposes of subsection (6), with respect to any deliberation of the Commission concerning that appointment or extension as the case may be and any question concerning the same, be treated as being unable to act. (Added 79 of 1995 s. 50)

(5D) For the purposes of any meeting of the Commission, if the Chief Justice is unable to act as Chairman, those members present at that meeting may by resolution appoint any of their number to act in his place and in so acting to exercise and perform all the functions of the Chairman at that meeting. (Added 79 of 1995 s. 50)
(6) If any appointed member is absent from Hong Kong or is unable to act, the Chief Executive may appoint another person to act temporarily as a member. (Amended 121 of 1997 s. 5)
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Note:
+ please see 78 of 1997.