Cap. 4activeordinance

High Court Ordinance

高等法院條例

Full legislation

s.11A

Term of office of judges

(1)
A judge of the High
                Court
                must vacate his office when he attains
                the
                retirement age.
(2)
Notwithstanding the fact that he has attained
                the
                retirement age, a person holding the office of a judge of the High
                Court may continue in office for so long after attaining
                the
                retirement age as may be necessary to enable him to deliver
                judgment or to do any other thing in relation to proceedings that were commenced
                before him before he attained that age.
(3)
Notwithstanding subsection (1
)—
(a)
a person who has attained the age of 70 years may be appointed to be a
                    judge of the High Court (whether or not the person has previously held office as
                    such) for a specified period or periods not exceeding 5 years in the aggregate
                    by the Chief Executive acting in accordance with the recommendation of the
                    Judicial Officers Recommendation Commission; and
(Replaced
10 of 2019 s. 4
)
(b)
the term of office of a judge of the High Court (other than a person
                    appointed to be a judge under paragraph (a)) may be extended for a specified
                    period or periods not exceeding 5 years in the aggregate by
                    the
                    Chief Executive acting in accordance with the recommendation
                    of
                    the
                    Judicial Officers Recommendation Commission,
and in any such case the
                judge
                is accordingly to be regarded as having attained
                the
                retirement age at the expiration of the specified period or
                periods.
(4)
A judge of the High Court may at any time resign his office by notice in
                writing addressed to
                the
                Chief
                Executive.
(5)
In this
section—
retirement age
(
退休年齡
), for a
                    judge of the High Court,
means—
(a)
unless paragraph (b) applies—the age of 70 years;
(b)
if the judge could have opted for the retirement age (extension)
                        arrangement pursuant to
section 11A
of the Pension Benefits
                        (Judicial Officers) Ordinance (
Cap. 401
) or the
                        Circular, and has not so opted—the age of 65 years.
(Replaced
10 of 2019 s. 4
)