Cap. 4activeordinance

High Court Ordinance

高等法院條例

Full legislation

s.10

Appointment of deputy judges

(1)
The Chief Justice may appoint a person, who is eligible to be appointed to be a
                judge of the High Court under
section 9
, to be a deputy judge of the
                Court of First Instance
if—
(Amended
44 of 1982 s. 3
;
25 of 1998 s. 2
)
(a)
the office of any judge of the Court of First Instance becomes vacant for
                    any reason; or
(Amended
25 of 1998 s. 2
)
(b)
he considers that the interests of the administration of justice require
                    that a deputy judge should be appointed temporarily.
(1A)
Subject to subsection (1B), any appointment made under subsection (1) may be
                given effect from a date anterior to that of the instrument by which it is
                    made.
(Added
80 of 1994 s. 8
)
(1B)
Nothing in subsection (1A) shall be deemed to authorize the discharge of any
                judicial functions by any person so appointed before the date of the instrument or
                before the requirements of
section 17
of the Oaths and Declarations
                Ordinance (
Cap. 11
) have been fulfilled.
(Added
80 of 1994 s. 8
)
(2)
Subject to the terms of his appointment, a deputy judge shall have and may
                exercise all the jurisdiction, powers and privileges and shall have and perform all
                the duties of a judge of the Court of First Instance, and any reference in any law
                to such a judge shall be construed accordingly.
(Amended
25 of 1998 s. 2
)
(3)
Without prejudice to the powers conferred on him by subsection (1), the Chief
                Justice may appoint a deputy judge under that
subsection—
(a)
for the purposes of a specified case or class of cases only; or
(b)
for a specified period only.
(4)
Notwithstanding subsection (2), the Chief Justice may terminate the appointment
                of a deputy judge at any time.