Provided that nothing herein shall be deemed to authorize the discharge of any judicial functions by any person so appointed before the date of the Letters Patent or before the requirements of section 17 of the (Cap. 11.)Oaths and Declarations Ordinance have been fulfilled.
Precedence. 7. (1) The judges of the Supreme Court shall take precedence in the following order—
- (a) the Chief Justice;
- (b) the Justices of Appeal, who among themselves shall rank according to the priority of their respective appointments;
- (c) the judges of the High Court, who among themselves shall rank according to the priority of their respective appointments;
- (d) Commissioners, who among themselves shall rank according to the priority of their respective appointments:
Provided that, where the Governor is of the opinion that there are sufficient reasons for so doing, he may determine the precedence of Commissioners irrespective of the priority of their appointments.
(2) Notwithstanding paragraphs (b) and (c) of subsection (1), where the Secretary of State is of the opinion that there are sufficient reasons for so doing, he may determine the precedence of the Justices of Appeal or the judges of the High Court, as the case may be, irrespective of the priority of their appointments.
Acting appointments. 8. (1) If the office of Chief Justice or any Justice of Appeal becomes vacant, by death or otherwise, the Governor may appoint another person to act in such office until the vacancy therein is filled.
(2) If the Chief Justice or a Justice of Appeal is temporarily ill or absent, the Governor may appoint another person to act in his office until he resumes the duties thereof.
Professional qualifications of judges. 9. (1) A person shall be eligible to be appointed to be a judge of the Supreme Court if—
- (a) he is qualified to practise as an advocate in a court in Hong Kong, England, Scotland, Northern Ireland or the Republic of Ireland having unlimited jurisdiction either in civil or criminal matters; or
- (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 an advocate or solicitor in such a court.
(2) A person shall also be eligible to be appointed to be a judge of the Supreme Court if—
- (a) he is qualified to practise as an advocate in a court in Hong Kong, England, Scotland, Northern Ireland or some other part of the Commonwealth or the Republic of Ireland having unlimited jurisdiction either in civil or criminal matters; or
- (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) been a member of the Colonial Legal Service;
- (ii) been a member of the Legal Branch of Her Majesty’s Overseas Civil Service;
- (iii) been a member of Her Majesty’s Overseas Judiciary;
