To constitute a Judicial Officers Recommendation Commission.
(Amended 79 of 1995 s. 50)
[20 February 1976] L.N. 49 of 1976
(Format changes—E.R. 2 of 2014)
This Ordinance may be cited as the Judicial Officers Recommendation Commission Ordinance.
(Amended 79 of 1995 s. 50)
In this Ordinance, unless the context otherwise requires—
Chief Executive (行政長官) means the Chief Executive of the Hong Kong Special Administrative Region of the People’s Republic of China; (Added 121 of 1997 s. 2) Commission (委員會) means the Judicial Officers Recommendation Commission established by this Ordinance; (Amended 79 of 1995 s. 50) commissioner for oaths (監誓員) means a commissioner for oaths duly appointed by the Chief Justice under any enactment in force in Hong Kong; (Added 26 of 1997 s. 8) judicial office (司法職位) means any judicial office specified in Schedule 1; (Amended 121 of 1997 s. 10) judicial officer (司法人員) means the holder of a judicial office; Legislative Council (立法會) means the Legislative Council but during the existence of the Provisional Legislative Council means the Provisional Legislative Council. (Added 121 of 1997 s. 2)There is hereby established a Judicial Officers Recommendation Commission, which shall consist of— (Amended 79 of 1995 s. 50)
the Chief Justice, who shall be the Chairman;
the Secretary for Justice; and (Amended 50 of 1990 s. 2; 121 of 1997 s. 3)
7 members appointed by the Chief Executive of whom— (Amended 121 of 1997 s. 5)
2 shall be judges;
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
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)
(Repealed 50 of 1990 s. 2)
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)
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)
An appointed member—
may resign his office by notice in writing to the Chief Executive; (Amended 121 of 1997 s. 5)
shall vacate his office after 2 years, but shall be eligible for re-appointment.
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)
At a meeting of the Commission a resolution is effective if—
where 7 members are present, at least 5 vote in favour;
where 8 members are present, at least 6 vote in favour; and
where 9 members are present, at least 7 vote in favour. (Added 50 of 1990 s. 2)
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.
A resolution of the Commission without a meeting—
may be put to the vote of the members by circulating a draft of the resolution with a voting paper;
may be voted on by a member by signing the voting paper and returning it to the Secretary of the Commission; and
is effective if—
where 7 members sign the voting paper, at least 5 votes are in favour;
where 8 members sign the voting paper, at least 6 votes are in favour; and
where 9 members sign the voting paper, at least 7 votes are in favour. (Replaced 50 of 1990 s. 2)
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)
Where the Commission is exercising its functions— (Amended 10 of 2005 s. 130)
in relation to the filling of vacancies in judicial offices under section 6(a); or
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)
A member who, under subsection (5B), discloses a willingness to accept an appointment or extension—
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
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)
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)
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)
A person shall not be appointed to be a member of the Commission if—
he is a member of the Legislative Council; or
he holds a pensionable office (other than the office of judge) the emoluments whereof are payable wholly or partly out of public revenue, unless he is on leave prior to retirement and has already received official notification of the pension which will be payable to him for service which comprised service in the office or post of which he is the holder. (Amended 92 of 1975 s. 59; 50 of 1990 s. 3; 121 of 1997 s. 4; 78 of 1999 s. 7)
(Repealed 78 of 1999 s. 7)
The Chief Executive shall appoint a public officer to act as Secretary to the Commission. (Amended 121 of 1997 s. 5)
The Secretary shall not be a member of the Commission.
The Commission shall advise or make recommendations to the Chief Executive regarding— (Amended 79 of 1995 s. 50)
the filling of vacancies in judicial offices;
such representations from a judicial officer concerning conditions of service as may be referred to it by the Chief Executive;
any matter affecting judicial officers which may be prescribed or which the Chief Executive may refer to the Commission.
(Amended 121 of 1997 s. 5)
Members appointed under section 3(1) or appointed temporarily under section 3(6) shall on first appointment take an oath or make an affirmation in the form in the Schedule 2, which shall be administered by a judge or a commissioner for oaths.
(Amended 26 of 1997 s. 9; 121 of 1997 s. 10)
Notwithstanding section 7, a member appointed under section 3 and whose appointment takes effect on 1 July 1997 may take his oath or affirmation in the manner prescribed in section 7 as soon as practicable after the appointment.
For the avoidance of doubt, any advice given or recommendations made shall not be invalid merely by reason of the fact that the members of the Commission had not taken the relevant oaths or affirmations as prescribed under subsection (1).
(Added 121 of 1997 s. 6)
Any person who, in connexion with any matter on which it is the duty of the Commission to advise the Chief Executive under this Ordinance, wilfully gives to the Commission or a member thereof any information which is false in a material particular shall be guilty of an offence and shall be liable on conviction to a fine at level 1 and to imprisonment for 2 years.
(Amended 121 of 1997 s. 5; E.R. 2 of 2014)
Any report, statement or other communication which the Commission may in the exercise of its functions or the discharge of its duties make to the Chief Executive or to the Chief Justice shall be privileged in that its production may not be compelled in any legal proceedings.
(Amended 121 of 1997 s. 5)
A member of the Commission shall have the same protection and privileges in proceedings brought against him for any act done in the execution of his duty as such member as a judge has when acting in the execution of his office.
Any member of the Commission or other person who, without the permission of the Chief Executive, publishes or discloses to any unauthorized person or otherwise than in the course of duty the contents or any part of the contents of any document, communication or information whatsoever which has come to his knowledge in the course of his duties under or in connexion with this Ordinance shall be guilty of an offence and shall be liable on conviction to a fine at level 1 and to imprisonment for 1 year. (Amended 121 of 1997 s. 5)
If any person having any information which to his knowledge has been disclosed in contravention of this section publishes or discloses such information to any other person otherwise than for the purpose of any prosecution under this Ordinance, he shall be guilty of an offence and shall be liable on conviction to a fine at level 1 and to imprisonment for 1 year.
(Amended E.R. 2 of 2014)
Any person who otherwise than in the course of his duty directly or indirectly by himself or by any other person in any manner whatsoever influences or attempts to influence a decision of the Commission or any member shall be guilty of an offence and shall be liable on conviction to a fine at level 2 and to imprisonment for 2 years:
Provided that this section shall not prohibit—(a)any person from giving a certificate or testimonial to any applicant or candidate for appointment as a judicial officer or from supplying any information or assistance on request made by the Commission; or(b)any judicial officer from making representations to the Commission in such manner and to such extent as may be prescribed. (Amended 50 of 1990 s. 4)
(Amended E.R. 2 of 2014)
The Chief Executive in Council may by regulation provide for— (Amended 121 of 1997 s. 5)
the discharge by the Commission of additional functions;
the time, place and manner of the exercise by the Commission of its functions;
forms and fees in connexion with applications to the Commission, reports or communications from the Commission or any other matter required by or under this Ordinance;
any matter which is to be or may be prescribed.
(Repealed 50 of 1990 s. 5)
The Legislative Council may by resolution amend Schedule 1.
(Amended 121 of 1997 s. 10)
(Repealed 121 of 1997 s. 7)
| Chief Justice (Added 79 of 1995 s. 50) |
| Judge of the Court of Final Appeal (Added 79 of 1995 s. 50) |
| Chief Judge of the High Court (Added 121 of 1997 s. 8) |
| Justice of Appeal (Added 42 of 1984 s. 2) |
| Judge of the Court of First Instance |
| Recorder of the Court of First Instance (Added 80 of 1994 s. 12) |
| President, Competition Tribunal (Added 14 of 2012 s. 176) |
| Deputy President, Competition Tribunal (Added 14 of 2012 s. 176) |
| Member, Competition Tribunal (Added 14 of 2012 s. 176) |
| Chief District Judge (Added L.N. 7 of 1995) |
| Principal Family Court Judge (Added L.N. 88 of 2009) |
| District Judge |
| Coroner (Added 49 of 1980 s. 8) |
| Chief Magistrate (Added L.N. 7 of 1995) |
| Principal Magistrate (Added L.N. 268 of 1986) |
| Magistrate |
| Special Magistrate (Added L.N. 268 of 1986) |
| President, Lands Tribunal |
| Presiding Officer, Lands Tribunal (Added 49 of 1982 s. 18) |
| Member of the Lands Tribunal appointed under section 4(1)(c) of the Lands Tribunal Ordinance (Cap. 17) (Replaced 10 of 2005 s. 131) |
| Principal Presiding Officer, Labour Tribunal (Added L.N. 7 of 1995) |
| Presiding Officer, Labour Tribunal |
| Principal Adjudicator, Small Claims Tribunal (Added L.N. 7 of 1995) |
| Adjudicator, Small Claims Tribunal (Added 79 of 1975 s. 40) |
| Registrar of the Court of Final Appeal (Added 10 of 2005 s. 131) |
| Registrar of the High Court |
| Senior Deputy Registrar, High Court (Added 10 of 2005 s. 131) |
| Deputy Registrar, High Court (Added L.N. 268 of 1986) |
| Assistant Registrar, High Court (Added L.N. 268 of 1986) |
| Registrar of the Competition Tribunal (Added 14 of 2012 s. 176) |
| Senior Deputy Registrar, Competition Tribunal (Added 14 of 2012 s. 176) |
| Deputy Registrar, Competition Tribunal (Added 14 of 2012 s. 176) |
| Registrar of the District Court (Added 28 of 2000 s. 45) |
| Deputy Registrar, District Court (Added 28 of 2000 s. 45) |
| Assistant Registrar, District Court (Added 28 of 2000 s. 45) |
(Schedule 1 amended 121 of 1997 s. 8)
| I, | |||
| having been appointed to act as member of the Judicial Officers | |||
| Recommendation Commission, | do swear | ｝ | that |
| solemnly and sincerely declare and affirm | |||
| I will freely and without fear or favour, affection or ill-will, give my counsel and advice to the Chief Executive of Hong Kong in connexion with all such matters as may be referred to the Judicial Officers Recommendation Commission under the Judicial Officers Recommendation Commission Ordinance. | |||
| SWORN | this day of 19 . |
| DECLARED |
Before me
.
.
(Amended 79 of 1995 s. 50; 121 of 1997 s. 5)