An Ordinance to make provisions for the appointment, functions, resignation and removal of justices of the peace, and for matters incidental thereto or connected therewith.
[30 May 1997] L.N. 294 of 1997
(Format changes—E.R. 1 of 2019)
(Enacting provision omitted—E.R. 1 of 2019)
(Amended E.R. 1 of 2019)
This Ordinance may be cited as the Justices of the Peace Ordinance.
(Omitted as spent—E.R. 1 of 2019)
In this Ordinance, unless the context otherwise requires—
advisory panel (諮詢小組) means a panel specified in Part III of Schedule 1; custodial institution (羈押院所) means a place specified in Part I of Schedule 1; detained person (被扣留者) means a person specified in Part II of Schedule 1; justice of the peace (太平紳士) means a justice of the peace appointed under section 3(1); New Territories Justice of the Peace (新界太平紳士) means a New Territories Justice of the Peace appointed under section 3(2).The Chief Executive may from time to time appoint—
any person holding any office in the public service whom he considers to be fit and proper; or
any other person whom he considers to be fit and proper,
to be a justice of the peace on such terms and conditions as the Chief Executive may determine. (Amended 27 of 1999 s. 3)
The Chief Secretary for Administration may from time to time appoint a justice of the peace appointed under subsection (1)(b) whom he considers to be fit and proper to be a New Territories Justice of the Peace on such terms and conditions as the Chief Secretary for Administration may determine. (Amended L.N. 362 of 1997)
A justice of the peace appointed under subsection (1) shall, as soon as possible after appointment, take an oath or make an affirmation in the form set out in Schedule 2 which shall be administered by a commissioner for oaths.
A notice of an appointment made under this section shall be published in the Gazette.
In the case of an appointment made under subsection (1), the notification shall only be published in the Gazette after the oath or affirmation referred in subsection (3) has been taken or made.
An appointment made under this section shall not be effective prior to its publication in the Gazette.
A justice of the peace shall cease to hold such office if—
his appointment is revoked under section 6; or
in the case of a justice of the peace appointed under section 3(1)(a), he leaves the public service.
A justice of the peace appointed under section 3(2) to be a New Territories Justice of the Peace shall cease to hold the office of New Territories Justice of the Peace if he ceases to be a justice of the peace under this Ordinance.
The functions of a justice of the peace shall be—
to visit any custodial institution or detained person;
to take and receive declarations and to perform any other functions under the Oaths and Declarations Ordinance (Cap. 11); and
in the case of a justice of the peace appointed under section 3(1)(b), to serve as a member of any advisory panel.
A justice of the peace appointed or nominated under any Ordinance to perform functions under subsection (1)(a) or (c) shall exercise such powers and perform such other functions as may be conferred or imposed on him by such Ordinance.
A justice of the peace shall perform such other functions as may be imposed on him from time to time by the Chief Executive. (Amended 27 of 1999 s. 3)
The Chief Executive may by notice in writing to a justice of the peace revoke his appointment as such if—
at any time after his appointment as such, that justice of the peace has been convicted in Hong Kong or any other place of an offence in respect of which he has been sentenced to imprisonment, whether suspended or not;
that justice of the peace is suffering from mental disorder within the meaning of the Mental Health Ordinance (Cap. 136);
at any time after his appointment as such, that justice of the peace has departed Hong Kong and remained outside Hong Kong for any continuous period of 6 months unless his absence from Hong Kong was due to some reason approved by the Chief Executive;
the Chief Executive, having regard to the public interest and all other circumstances of the case, considers that that justice of the peace is no longer fit and proper to remain appointed. (Amended 27 of 1999 s. 3)
A notice under subsection (1) shall include an adequate statement of the reason or reasons for revoking the appointment.
A revocation of an appointment under subsection (1) shall be notified in the Gazette.
A justice of the peace may at any time resign his office by giving notice in writing addressed to the Chief Executive, and he shall cease to be a justice of the peace from the date specified in the notice or, if no date is specified, from the date of the receipt by the Chief Executive of the notice.
(Amended 27 of 1999 s. 3)
The Chief Executive may by notice in the Gazette amend Schedule 1.
(Amended 27 of 1999 s. 3)
A person who immediately before the commencement of this Ordinance held an appointment as a justice of the peace shall remain, as from such commencement but subject to the terms and conditions of that appointment, to be a justice of the peace as if—
in the case of an Official Justice of the Peace, that appointment had been made under section 3(1)(a) and had become effective;
in the case of a Non-official Justice of the Peace, that appointment had been made under section 3(1)(b) and had become effective; or
in the case of a New Territories Justice of the Peace, that appointment had been made under section 3(2) and had become effective,
and the provisions of this Ordinance shall apply accordingly.
A judge, a District Judge (including a deputy District Judge) or a magistrate who immediately before the commencement of this Ordinance was a justice of the peace by virtue of his office shall cease to be a justice of the peace on the commencement of this Ordinance.
In this section—
Non-official Justice of the Peace (非官守太平紳士) means a person appointed to be a Non-official Justice of the Peace by the Governor prior to the commencement of this Ordinance; Official Justice of the Peace (官守太平紳士) means a person appointed to be an Official Justice of the Peace by the Governor prior to the commencement of this Ordinance.(Omitted as spent—E.R. 1 of 2019)
A prison or any other institutions under the control of the Commissioner of Correctional Services of Hong Kong within the meaning of section 23 of the Prisons Ordinance (Cap. 234).
A place designated under section 13H of the Immigration Ordinance (Cap. 115) as a detention centre.
An institution approved under section 11 of the Probation of Offenders Ordinance (Cap. 298).
A place of detention appointed under section 16 of the Juvenile Offenders Ordinance (Cap. 226).
A detainee within the meaning of paragraph 2 of the Independent Commission Against Corruption (Treatment of Detained Persons) Order (Cap. 204 sub. leg. A).
An advisory panel within the meaning of section 29B of the Pension Benefits Ordinance (Cap. 99).
I, , having been appointed to be a justice of the peace,
| ｛ | swear | ｝ | that I will uphold the law of |
| solemnly and sincerely declare and affirm | |||
| Hong Kong and that I will conscientiously and truly serve the people of Hong Kong as a justice of the peace. | |||
| Sworn | this day of , 19 . | |
| Declared |
| Before me, | . | ||||||||
| . | |||||||||
| Commissioner for Oaths. | |||||||||
(Omitted as spent—E.R. 1 of 2019)