Page:Hong Kong Court of Final Appeal Ordinance (Cap. 484).pdf/23

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A2126
Ord. No. 79 of 1995
HONG KONG COURT OF FINAL APPEAL
Item Enactment Amendment
“(4) In this section, “court” (法院) includes the Court of Final Appeal.”.

(ac) In section 26(1A), by repealing “Privy Council” and substituting “Court of Final Appeal”.

(ad) In section 26A(1), by repealing “Privy Council” and substituting “Court of Final Appeal”.

(ae) In Part I of Schedule 2—

(i) by repealing paragraph 1(a), (b) and (c) and substituting—
“(a) Court of Final Appeal;
(b) Court of Appeal;
(c) High Court;
(d) District Court.”;
(ii) by repealing paragraph 3.
10. Judicial Service
Commission
Ordinance
(Cap. 92)
(a) In the long title, sections 1, 2 and 3 and the Second Schedule by repealing “Judicial Service” wherever it appears and substituting “Judicial Officers Recommendation”.

(b) In section 3, by adding—

“(5B) Where the Commission is exercising its functions under section 6(a) of this Ordinance in relation to the filling of vacancies under sections 7 and 8 of the Hong Kong Court of Final Appeal Ordinance (79 of 1995) or to the extension of the term of office of the Chief Justice under section 14 of that Ordinance, a member who is or may reasonably be regarded as a candidate for selection to fill any such vacancy or whose term of office is being considered for extension shall disclose whether or not, if he were to be selected or if the extension of his term of office were to be recommended as the case may be, he is willing to accept appointment or the extension and that disclosure shall be recorded in the minutes of the Commission.
(5C) A member who, under subsection (5B), discloses a willingness to accept an appointment or extension—
(a) shall not take part in any deliberation of the Commission with respect to that appointment or extension as the case may be and shall not vote on any question concerning the same; and
(b) shall, for the purposes of (6), with respect to any deliberation of the Commission concerning that appointment or extension as the case may be and any question concerning the same, be treated as being unable to act.
(5D) For the purposes of any meeting of the Commission, if the Chief Justice is unable to act as Chairman, those members present at that meeting may by resolution appoint any of their number to act in his place and in so acting to exercise and perform all the functions of the Chairman at that meeting.".

(c) In section 6, by adding “or make recommendations to” after “advise”.

(d) In the First Schedule, by adding—

“Chief Justice
Judge of the Court of Final Appeal”.