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
)