Contents of Section

Chapter:

484 PDFTitle:HONG KONG COURT OF FINAL APPEAL ORDINANCEGazette Number:10 of 2005
Section:12Heading:Professional qualifications of judgesVersion Date:08/07/2005

(1) A person shall be eligible to be appointed as the Chief Justice if he is- (Amended 10 of 2005 s. 155)

        (aa) a permanent judge; (Added 10 of 2005 s. 155)
        (a) the Chief Judge of the High Court, a Justice of Appeal or a judge of the Court of First Instance; or (Amended 120 of 1997 s. 8)
        (b) a barrister who has practised as a barrister or solicitor in Hong Kong for a period of at least 10 years.
(1A) A person shall be eligible to be appointed as a permanent judge if he is-
        (a) the Chief Judge of the High Court, a Justice of Appeal or a judge of the Court of First Instance; or
        (b) a barrister who has practised as a barrister or solicitor in Hong Kong for a period of at least 10 years. (Added 10 of 2005 s. 155)
(2) (Repealed 10 of 2005 s. 155)
(3) A person shall be eligible to be appointed as a non-permanent Hong Kong judge if he is-
        (a) a retired Chief Judge of the High Court; (Amended 120 of 1997 s. 8)
        (b) a retired Chief Justice of the Court;
        (c) a retired permanent judge of the Court;
        (d) a Justice or retired Justice of Appeal; or
        (e) a barrister who has practised as a barrister or solicitor in Hong Kong for a period of at least 10 years,
whether or not he is ordinarily resident in Hong Kong.
(4) A person shall be eligible to be appointed as a judge from another common law jurisdiction if he is-
        (a) a judge or retired judge of a court of unlimited jurisdiction in either civil or criminal matters in another common law jurisdiction;
        (b) a person who is ordinarily resident outside Hong Kong; and
        (c) a person who has never been a judge of the High Court, a District Judge or a permanent magistrate, in Hong Kong.
(5) In subsection (3), a reference to a retired Chief Judge of the High Court, Justice of Appeal or judge of the Court of First Instance includes a reference to a retired Chief Justice, Justice of Appeal or judge of the Supreme Court before 1 July 1997. (Added 120 of 1997 s. 8. Amended 10 of 2005 s. 155)
(6) In subsection (4), a reference to a person never being a judge of the High Court, a District Judge or a permanent magistrate in Hong Kong includes a reference to a person never being a judge of the Supreme Court, the District Court or a permanent magistrate before 1 July 1997. (Added 120 of 1997 s. 8)
(Amended 120 of 1997 s. 8)