Cap. 17activeordinance

Lands Tribunal Ordinance

土地審裁處條例

Full legislation

s.4

Constitution of Tribunal

(1)
The Tribunal shall consist of the following
members—
(a)
the President, who shall be one of the Judges of the High Court and shall be appointed by the Chief Executive;
(b)
the presiding officers referred to in subsection (2);
(c)
such members as may be appointed by the Chief Executive and who are eligible under subsection (3) or (4) for appointment; and
(d)
the temporary members.
(2)
Every District Judge and deputy District Judge shall by virtue of his office be a presiding officer.
(3)
A person shall be eligible to be appointed under
                    subsection
(1
)(
c)
as a member of the Tribunal
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 the registrar or a deputy registrar or assistant registrar of the
                        District Court appointed in accordance with
section 14
of the
                        District Court Ordinance (
Cap. 336
);
(iii)
been a permanent magistrate appointed in accordance with
section
                            5
of the Magistrates Ordinance (
Cap.
                            227
);
(iv)
been a coroner appointed in accordance with
section 3
of the
                        Coroners Ordinance (
Cap. 504
);
(v)
been an adjudicator appointed in accordance with
section 4
of the Small Claims Tribunal Ordinance (
Cap.
                            338
);
(vi)
been a presiding officer appointed in accordance with
section
                            4
of the Labour Tribunal Ordinance (
Cap.
                            25
);
(vii)
been a legal officer as defined in
section 2
of the Legal
                        Officers Ordinance (
Cap. 87
);
(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
);
(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
(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
).
(Amended
26 of 2012 s. 36
)
(4)
Notwithstanding subsection (3), a person shall also be eligible to be appointed under subsection
(1
)(
c)
as a member of the Tribunal if he is a Corporate Member in the General Practice Division of The Hong Kong Institute of Surveyors incorporated by The Hong Kong Institute of Surveyors Ordinance (
Cap. 1148
), or a holder of an equivalent professional qualification, with at least 5 years’ experience in the practice of land valuation.
(5)
For the purposes of calculating the period of 5 years referred to in subsection
(3
)(
b)
—
(a)
periods of less than 5 years falling within any of the subparagraphs of that subsection 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.