Cap. 4activeordinance

High Court Ordinance

高等法院條例

Full legislation

s.37AA

Professional qualifications of Registrar, senior deputy registrars, deputy registrars and assistant registrars

(1)
A person shall be eligible to be appointed as the Registrar
if—
(a)
he is qualified to practise as a barrister, solicitor or advocate in a court in Hong Kong or any other common law jurisdiction having unlimited jurisdiction either in civil or criminal matters; and
(b)
since becoming so qualified, he has for a period of or periods totalling not less than 5
years—
(i)
practised as a barrister, solicitor or advocate in such a court;
(ii)
been a senior deputy registrar, deputy registrar or assistant registrar appointed in accordance with
section 37
;
(iii)
been a District Judge appointed in accordance with
section 4
or
7
of the District Court Ordinance (
Cap. 336
);
(iv)
been the Registrar of the District Court or a deputy registrar or assistant registrar of the District Court, appointed in accordance with
section 14
of the District Court Ordinance (
Cap. 336
);
(v)
been a permanent magistrate appointed in accordance with
section 5
of the Magistrates Ordinance (
Cap. 227
);
(vi)
been a coroner appointed in accordance with
section 3
of the Coroners Ordinance (
Cap. 504
);
(vii)
been an adjudicator appointed in accordance with
section 4
of the Small Claims Tribunal Ordinance (
Cap. 338
);
(viii)
been a presiding officer appointed in accordance with
section 4
of the Labour Tribunal Ordinance (
Cap. 25
);
(ix)
been a legal officer as defined in
section 2
of the Legal Officers Ordinance (
Cap. 87
);
(x)
been the Director of Legal Aid or a Deputy Director of Legal Aid, Assistant Director of Legal Aid or Legal Aid Officer, appointed in accordance with
section 3
of the Legal Aid Ordinance (
Cap. 91
);
(xi)
been the Official Receiver or an Assistant Official Receiver (Legal), Assistant Principal Solicitor, Senior Solicitor or Solicitor, appointed in accordance with
section 75
of the Bankruptcy Ordinance (
Cap. 6
); or
(xii)
been the Director of Intellectual Property or a Deputy Director of Intellectual Property, Assistant Director of Intellectual Property, Assistant Principal Solicitor, Senior Solicitor or Solicitor, appointed in accordance with
section 3
of the Director of Intellectual Property (Establishment) Ordinance (
Cap. 412
).
(Amended
26 of 2012 s. 35
)
(2)
A person shall be eligible to be appointed as a senior deputy registrar
if—
(a)
he is qualified to practise as a barrister, solicitor or advocate in a court in Hong Kong or any other common law jurisdiction having unlimited jurisdiction either in civil or criminal matters; and
(b)
since becoming so qualified, he has for a period of or periods totalling not less than 5
years—
(i)
practised as a barrister, solicitor or advocate in such a court;
(ii)
been a deputy registrar or assistant registrar appointed in accordance with
section 37
;
(iii)
been a District Judge appointed in accordance with
section 4
or
7
of the District Court Ordinance (
Cap. 336
);
(iv)
been the Registrar of the District Court or a deputy registrar or assistant registrar of the District Court, appointed in accordance with
section 14
of the District Court Ordinance (
Cap. 336
);
(v)
been a permanent magistrate appointed in accordance with
section 5
of the Magistrates Ordinance (
Cap. 227
);
(vi)
been a coroner appointed in accordance with
section 3
of the Coroners Ordinance (
Cap. 504
);
(vii)
been an adjudicator appointed in accordance with
section 4
of the Small Claims Tribunal Ordinance (
Cap. 338
);
(viii)
been a presiding officer appointed in accordance with
section 4
of the Labour Tribunal Ordinance (
Cap. 25
);
(ix)
been a legal officer as defined in
section 2
of the Legal Officers Ordinance (
Cap. 87
);
(x)
been the Director of Legal Aid or a Deputy Director of Legal Aid, Assistant Director of Legal Aid or Legal Aid Officer, appointed in accordance with
section 3
of the Legal Aid Ordinance (
Cap. 91
);
(xi)
been the Official Receiver or an Assistant Official Receiver (Legal), Assistant Principal Solicitor, Senior Solicitor or Solicitor, appointed in accordance with
section 75
of the Bankruptcy Ordinance (
Cap. 6
); or
(xii)
been the Director of Intellectual Property or a Deputy Director of Intellectual Property, Assistant Director of Intellectual Property, Assistant Principal Solicitor, Senior Solicitor or Solicitor, appointed in accordance with
section 3
of the Director of Intellectual Property (Establishment) Ordinance (
Cap. 412
).
(Amended
26 of 2012 s. 35
)
(3)
A person shall be eligible to be appointed as a deputy registrar
if—
(a)
he is qualified to practise as a barrister, solicitor or advocate in a court in Hong Kong or any other common law jurisdiction having unlimited jurisdiction either in civil or criminal matters; and
(b)
since becoming so qualified, he has for a period of or periods totalling not less than 5
years—
(i)
practised as a barrister, solicitor or advocate in such a court;
(ii)
been an assistant registrar appointed in accordance with
section 37
;
(iii)
been a District Judge appointed in accordance with
section 4
or
7
of the District Court Ordinance (
Cap. 336
);
(iv)
been the Registrar of the District Court or a deputy registrar or assistant registrar of the District Court, appointed in accordance with
section 14
of the District Court Ordinance (
Cap. 336
);
(v)
been a permanent magistrate appointed in accordance with
section 5
of the Magistrates Ordinance (
Cap. 227
);
(vi)
been a coroner appointed in accordance with
section 3
of the Coroners Ordinance (
Cap. 504
);
(vii)
been an adjudicator appointed in accordance with
section 4
of the Small Claims Tribunal Ordinance (
Cap. 338
);
(viii)
been a presiding officer appointed in accordance with
section 4
of the Labour Tribunal Ordinance (
Cap. 25
);
(ix)
been a legal officer as defined in
section 2
of the Legal Officers Ordinance (
Cap. 87
);
(x)
been the Director of Legal Aid or a Deputy Director of Legal Aid, Assistant Director of Legal Aid or Legal Aid Officer, appointed in accordance with
section 3
of the Legal Aid Ordinance (
Cap. 91
);
(xi)
been the Official Receiver or an Assistant Official Receiver (Legal), Assistant Principal Solicitor, Senior Solicitor or Solicitor, appointed in accordance with
section 75
of the Bankruptcy Ordinance (
Cap. 6
); or
(xii)
been the Director of Intellectual Property or a Deputy Director of Intellectual Property, Assistant Director of Intellectual Property, Assistant Principal Solicitor, Senior Solicitor or Solicitor, appointed in accordance with
section 3
of the Director of Intellectual Property (Establishment) Ordinance (
Cap. 412
).
(Amended
26 of 2012 s. 35
)
(4)
A person shall be eligible to be appointed as an assistant registrar
if—
(a)
he is qualified to practise as a barrister, solicitor or advocate in a court in Hong Kong or any other common law jurisdiction having unlimited jurisdiction either in civil or criminal matters; and
(b)
since becoming so qualified, he has for a period of or periods totalling not less than 5
years—
(i)
practised as a barrister, solicitor or advocate in such a court;
(ii)
been a District Judge appointed in accordance with
section 4
or
7
of the District Court Ordinance (
Cap. 336
);
(iii)
been the Registrar of the District Court or a deputy registrar or assistant registrar of the District Court, appointed in accordance with
section 14
of the District Court Ordinance (
Cap. 336
);
(iv)
been a permanent magistrate appointed in accordance with
section 5
of the Magistrates Ordinance (
Cap. 227
);
(v)
been a coroner appointed in accordance with
section 3
of the Coroners Ordinance (
Cap. 504
);
(vi)
been an adjudicator appointed in accordance with
section 4
of the Small Claims Tribunal Ordinance (
Cap. 338
);
(vii)
been a presiding officer appointed in accordance with
section 4
of the Labour Tribunal Ordinance (
Cap. 25
);
(viii)
been a legal officer as defined in
section 2
of the Legal Officers Ordinance (
Cap. 87
);
(ix)
been the Director of Legal Aid or a Deputy Director of Legal Aid, Assistant Director of Legal Aid or Legal Aid Officer, appointed in accordance with
section 3
of the Legal Aid Ordinance (
Cap. 91
);
(x)
been the Official Receiver or an Assistant Official Receiver (Legal), Assistant Principal Solicitor, Senior Solicitor or Solicitor, appointed in accordance with
section 75
of the Bankruptcy Ordinance (
Cap. 6
); or
(xi)
been the Director of Intellectual Property or a Deputy Director of Intellectual Property, Assistant Director of Intellectual Property, Assistant Principal Solicitor, Senior Solicitor or Solicitor, appointed in accordance with
section 3
of the Director of Intellectual Property (Establishment) Ordinance (
Cap. 412
).
(Amended
26 of 2012 s. 35
)
(5)
For the purposes of calculating the period of 5 years referred to in subsections
(1
)(
b)
,
(2
)(
b)
,
(3
)(
b)
and
(4
)(
b)
—
(a)
periods of less than 5 years falling within any of the subparagraphs of subsection
(1
)(
b)
,
(2
)(
b)
,
(3
)(
b)
or
(4
)(
b)
, as the case may be, may be combined;
(b)
periods served in an office specified in Part I of the
First Schedule
to the repealed Registrar General (Establishment) Ordinance (
Cap. 100
) may be taken into account notwithstanding the repeal of that Ordinance.