Page:Hong Kong Court of Final Appeal Ordinance (Cap. 484).pdf/5

A2090 (2) The Court may as required invite non-permanent Hong Kong judges to sit on the Court.

(3) The Court may as required invite judges from other common law jurisdictions to sit on the Court.

(4) When sitting as a member of the Court pursuant to subsection (2) or (3) a judge shall be deemed to be a member of the Court.

(5) Subject to section 7(2) there shall be not less than 3 permanent judges.

(6) Where the Chief Justice is ill or absent for any cause, the Governor shall appoint the next most senior permanent judge who is eligible to be appointed as the Chief Justice, to act as Chief Justice, with all the powers and functions of the Chief Justice, that seniority being determined in accordance with the order of precedence prescribed in section 11 with the judge having the highest precedence being regarded as the most senior.

6. Chief Justice

(1) The Chief Justice shall be appointed by the Governor acting in accordance with the recommendation of the Judicial Officers Recommendation Commission.

(2) The Chief Justice shall be the head of the Judiciary and shall be charged with the administration of the Judiciary and such other functions as may from time to time be lawfully conferred on him.

(3) A Justice of Appeal or a judge of the High Court appointed as Chief Justice shall cease to be a Justice of Appeal or a judge of the High Court.

7. Appointment of permanent judges

(1) The permanent judges of the Court shall be appointed by the Governor acting in accordance with the recommendation of the Judicial Officers Recommendation Commission.

(2) If the office of any permanent judge becomes vacant, by death or otherwise and the number of permanent judges is thereby reduced to less than 3, the Governor acting in accordance with the recommendation of the Judicial Officers Recommendation Commission shall as soon as reasonably possible after the office becomes vacant appoint another permanent judge to fill the vacancy.

(3) A Justice of Appeal or a judge of the High Court appointed as a permanent judge shall cease to be a Justice of Appeal or a judge of the High Court.

8. List of non-permanent Hong Kong judges

(1) There shall be a list to be known as the list of non-permanent Hong Kong judges.