JUDICIAL SERVICE COMMISSION ORDINANCE

JUDICIAL SERVICE COMMISSION ORDINANCE

LAWS OF HONG KONG

JUDICIAL SERVICE COMMISSION ORDINANCE

CHAPTER 92





CHAPTER 92

JUDICIAL SERVICE COMMISSION

To constitute a Judicial Service Commission.

[20 February 1976.]

1. This Ordinance may be cited as the Judicial Service Com

mission Ordinance.

2. In this Ordinance, unless the context otherwise requires

'Commission' means the Judicial Service Commission established by
this Ordinance;

'judicial office' means any judicial office specified in the First Schedule;

'judicial officer' means the holder of a judicial office.

3. (1) There is hereby established a Judicial Service Com

mission, which shall consist of-

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

(b) the Attorney General;

(c) the Chairman of the Commission established by the Public
Service Commission Ordinance; and (Amended, 15 of 1979,s.8)

(d)not more e than 3 members appointed by the Governor. one
of whom may be a judge of the High Court. (Amended,
92 of 19 5, s. 59)

(2) An appointed member-

(a) may resign his office by notice in writing to the Governor:

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

(3)The Chairman and not less than 2 members may exercise
and perform any of the functions, powers and duties of the
Commission, but the Commission shall not pass a resolution except by
the unanimous vote of the Chairman and every member who considers
the resolution.

(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) Anything which may be done at a meeting of the Commission
may be done by the circulation of papers for the consideration of the
Chairman and not less than 2 members and in particular

(a)a resolution of the Commission may be passed without a
meeting, but the resolution and the voting thereon shall be
recorded in writing and the Chairman and any member who
considers the resolution shall sign his name to his vote; and

(b)advice on any matter may be formulated without a meeti but
the advice of the Chairman and any member who
considers the matter shall be recorded in writing and each
shall sign his name to the advice given by him.

(6) If any appointed member is absent from Hong Kong or is
unable to act, the Governor may appoint another person to act
temporarily as a member.

4. A person shall not be appointed to be a member of the
Commission if

(a) he is a member of the Legislative Council, or

(b)he holds a pensionable office (other than the office of judge
at the High Court) the emoluments whhereof are payable wholly or
partly out of public revenue or out of the revenue or funds of
the Urban Council. 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 ice
in the office or post of which he is the holder. (Amended, 92 of
1975, s. 59)

5. (1) The Governor shall appoint a public officer to act as
Secretary to the Commission.

(2) The Secretary shall not be a member of the Commission.

6. The Commission shall advise the Governor regarding
(a) the filling of vacancies in judicial offices;

(b)such representations from a judicial officer concerning
conditions of service as may be referred to it by the Governor;

(c)any matter affecting Judicial officers which rnay be prescribed
or which the Governor may refer to the Commission.

7. 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 Second Schedule which shall be
administered by a judge.

8. Any person who, in connexion with any matter on which it is the
duty of the Commission to advise the Governor 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 of $2,000 and to
imprisonment for 2 years.

9. 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 Governor or to the Chief Justice shall be privileged in
that its production may not be compelled in any legal proceedings.

10. 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.

11. (1) Any member of the Commission or other person who.
without the permission of the Governor, 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 of $2,000
and to imprisonment for 1 year.

(2) If any person having any information which to his knowl 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. lie shall be guilty of an offence
and shall be liable on conviction to a fine of $2,000 and to imprisonment
for 1 year.

12. 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 of $4,000 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 the Governor may provide.



13. (1) The Governor in Council may by regulation provide for

(a) the discharge by the Commission of additional functions;

(b)the time, place and manner of the exercise by the Commission
of its functions.





(c)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;

(d) any matter which is to be or may be prescribed.

(2) Regulations may provide for the manner in which the
Commission is to proceed in any case in which the advice tendered is
not the unanimous advice of the Commission or the members by
whom a matter has has been considered.

14. The Legislative Council may by resolution amend the First
Schedule.

15. Nothing in this Ordinance shall derogate from-

(a)any provision of the Letters Patent vesting in the Governor the
power of appointing Judicial officers: or

(b)any instructions given to the Governor by Her Majesty
through the Secretary of State as to how such power should be
exercised and in particular any instructions contained in
Colonial Regulations.

FIRST SCHEDULE [s. 2.]

JUDICIAL OFFICE

Justice of Appeal (Added 42 of 1984, s. 2)
Judge of the High Court, other than the Chief Justice /A mended, 92 of1975, s. 59)

District Judge
Coroner (Added, 49 of 1980, s. 8)
Magistrate
President. Lands Tribunal
Presiding Officer, Lands Tribunal (Added, 49 ol ]982.s. 18,
Member of the Lands Tribunal
(being a member who is in the full-time service ice of the Crown (Added 42 of 1984.
s.2)
Presiding Officer, Labour Tribunal
Adjudicator, Small Claims Tribunal 'Added, 1-9 ol 1975.s.40 40)
Registrar of the Supreme Court

SECOND SCHEDULE [s. 7.]
OATH OF OFFICE

I, having
been appointed to act as member of the Judicial Service Commission.

do swear that I will freely and without fear
solemnly and sincerely declare and affirm
or favour, affection or ill-will. give my counsel and advice to the Governor of
Hong Kong in connexion with all such matters as may, be referred to the Judicial
Service Commission under the Judicial Service Commission Ordinance.







SWORN this day of 19
DECLARED
Before me
Originally 65 of 1975. 79 of 1975. 92 of 1975. 15 of 1979. 49 of 1980. 49 of 1982. 42 of 1984. L.N. 49/76. Short title. Interpretation. First Schedule. Judicial Service Commission. (Cap. 93.) Certain persons ineligible for appointment as members of Commission. Secretary to the Commission. Functions of Commission. Oath of Chairman and members. Second Schedule. Offence of giving false information to Commission. Reports and statements or other communications of Commission privileged. Protection to members. Publication and disclosure of information to unauthorized persons prohibited. Offence to influence or attempt to influence Commission. Power of Governor in Council to make regulations. Amendment of First Schedule. Saving.

Originally 65 of 1975. 79 of 1975. 92 of 1975. 15 of 1979. 49 of 1980. 49 of 1982. 42 of 1984. L.N. 49/76. Short title. Interpretation. First Schedule. Judicial Service Commission. (Cap. 93.) Certain persons ineligible for appointment as members of Commission. Secretary to the Commission. Functions of Commission. Oath of Chairman and members. Second Schedule. Offence of giving false information to Commission. Reports and statements or other communications of Commission privileged. Protection to members. Publication and disclosure of information to unauthorized persons prohibited. Offence to influence or attempt to influence Commission. Power of Governor in Council to make regulations. Amendment of First Schedule. Saving.

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