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.