High Court Ordinance

(1)
A person shall be eligible to be appointed to be a judge of the High Court
if—
(Amended
25 of 1998 s. 2
)
(a)
he is qualified to practise as a barrister or advocate in a court in Hong Kong or any other common law jurisdiction having unlimited jurisdiction either in civil or criminal matters; or
(Amended
14 of 1997 s. 2
)
(b)
he is qualified as mentioned in paragraph (a) and prior thereto was qualified to practise as a solicitor in such a court,
and, in either case, he has for at least 10 years practised as a barrister, solicitor or advocate in such a court.
(1A)
A person shall also be eligible to be appointed to be a judge of the High Court if he is qualified to practise as a solicitor of the High Court and has for at least 10 years practised as such.
(Added
52 of 1995 s. 2
. Amended
25 of 1998 s. 2
)
(2)
A person shall also be eligible to be appointed to be a judge of the High Court
if—
(Amended
25 of 1998 s. 2
)
(a)
he is qualified to practise as a barrister or advocate in a court in Hong Kong or any other common law jurisdiction having unlimited jurisdiction either in civil or criminal matters; or
(Amended
14 of 1997 s. 2
)
(b)
he is qualified as mentioned in paragraph (a) and prior thereto was qualified to practise as a solicitor in such a court,
and, in either case, he has, subject to subsection (3), for at least 10
years—
(i)-(iii)
(Repealed
14 of 1997 s. 2
)
(iv)
been a District Judge appointed in accordance with
section 4
or
7
of the District Court Ordinance (
Cap. 336
);
(iva)
been the Registrar of the Hong Kong Court of Final Appeal appointed in accordance with
section 42
of the Hong Kong Court of Final Appeal Ordinance (
Cap. 484
);
(Added
10 of 2005 s. 132
)
(ivb)
been the Registrar or a senior deputy registrar, deputy registrar or assistant registrar appointed in accordance with
section 37
;
(Added
10 of 2005 s. 132
)
(ivc)
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
);
(Added
10 of 2005 s. 132
)
(v)
been a permanent magistrate appointed in accordance with
section 5
of the Magistrates Ordinance (
Cap. 227
);
(va)
been a coroner appointed in accordance with
section 3
of the Coroners Ordinance (
Cap. 504
);
(Added
10 of 2005 s. 132
)
(vb)
been an adjudicator appointed in accordance with
section 4
of the Small Claims Tribunal Ordinance (
Cap. 338
);
(Added
10 of 2005 s. 132
)
(vc)
been a presiding officer appointed in accordance with
section 4
of the Labour Tribunal Ordinance (
Cap. 25
);
(Added
10 of 2005 s. 132
)
(vi)
been a legal officer as defined in
section 2
of the Legal Officers Ordinance (
Cap. 87
);
(vii)
(Repealed
8 of 1993 s. 6
)
(viii)
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
);
(Added
50 of 1976 s. 2
. Amended
24 of 1983 s. 7
;
39 of 1992 s. 8
;
60 of 1992 s. 3
)
(ix)
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
(Added
39 of 1992 s. 8
. Amended
60 of 1992 s. 3
;
68 of 1995 s. 17
)
(x)
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
).
(Added
60 of 1992 s. 3
. Amended
26 of 2012 s. 34
)
(2A)
A person shall also be eligible to be appointed to be a judge of the High Court
if—
(Amended
25 of 1998 s. 2
)
(a)
he is a solicitor of a court in Hong Kong or any other common law jurisdiction having unlimited jurisdiction either in civil or criminal matters;
(Amended
14 of 1997 s. 2
)
(b)
he is and has been for the previous 2 years at least, and in aggregate for at least 5 years, employed in the service of the Crown in Hong Kong on judicial or legal work; and
(c)
he has, subject to subsection (4), for at least 10 years
either—
(i)
practised as a barrister, solicitor or advocate in such a court; or
(ii)
been employed in such service as is described in paragraph (b).
(Added
44 of 1982 s. 2
)
(3)
For the purposes of calculating the period of 10 years referred to in subsection (2), periods of less than 10 years falling within any of paragraphs (iv) to (x) of that subsection may be combined, and there may be included in such period, any period of practice as a barrister, solicitor or advocate in any of the courts referred to in subsection
(2
)(
a)
.
(Amended
50 of 1976 s. 2
;
39 of 1992 s. 8
;
60 of 1992 s. 3
;
14 of 1997 s. 2
)
(4)
For the purposes of calculating the period of 10 years referred to in subsection
(2A
)(
c)
there may be included any period of less than 10 years falling within any of paragraphs (iv) to (x) of subsection (2), and periods of less than 10 years falling within subparagraphs (i) and (ii) of subsection
(2A
)(
c)
may be combined.
(Added
44 of 1982 s. 2
. Amended
39 of 1992 s. 8
;
60 of 1992 s. 3
;
14 of 1997 s. 2
)
(5)
For the purposes of calculating the period of 10 years under subsection (2), 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.
(Added
8 of 1993 s. 6
)