Page:Hong Kong Court of Final Appeal Ordinance (Cap. 484).pdf/9

A2098 '''15. Continuing powers of judges'''

Notwithstanding the fact that he has attained the retiring age or that his term of office has for any reason expired, a judge may continue to sit as and perform all the functions of a member of the Court for as long as may be necessary to enable the Court to deliver judgment or do any other thing in relation to proceedings that were commenced, before he attained that age or before his term of office expired, in the Court of which he was then sitting as a member.

16. Hearing of appeals

(1) Subject to subsection (4), an appeal shall be heard and determined by the Court constituted as follows—
 * (a) the Chief Justice or a permanent judge designated to sit in his place under subsection (2);
 * (b) 3 permanent judges nominated by the Chief Justice; and
 * (c) 1 non-permanent Hong Kong judge or 1 judge from another common law jurisdiction selected by the Chief Justice and invited by the Court.

(2) The Chief Justice shall be President of the Court, and where he is not available for any cause to hear an appeal he shall designate a permanent judge to sit in his place and be President.

(3) Where pursuant to subsection (2) a judge is sitting in place of the Chief Justice the Court must still consist of 5 judges.

(4) Where a sufficient number of permanent judges are not available for any cause to hear an appeal, the Chief Justice shall nominate a non-permanent Hong Kong judge to sit in place of a permanent judge.

(5) The judgment or order which is that of the majority of the judges sitting shall be deemed to be the judgment or order of the Court.

(6) If there is no judgment or order which is that of the majority of the judges sitting, a rehearing shall be ordered.

(7) If a judge is absent for any cause after the hearing of the appeal has commenced but before the determination of the appeal, the appeal may with the consent of all the parties be continued with the remaining judges being not less than 4.

(8) No judge shall sit as a member of the Court on the hearing of, or on the determination of any application in proceedings incidental or preliminary to—
 * (a) an appeal from a judgment or order made by him or by a court in which he was sitting as a member;
 * (b) an appeal against a conviction before him or a sentence passed by him.