Page:Hong Kong Letters Patent 1917 to 1995.pdf/102

 (5) A judge of the Supreme Court or the District Court shall be removed from office by the Governor by instrument under the Public Seal if the question of his removal from office has, at the request of the Governor made in pursuance of paragraph (6) of this Article, been referred by Us to the Judicial Committee of the Privy Council under section 4 of the Judicial Committee Act 1833 (1833 c. 41 U.K.) or any other enactment enabling Us in that behalf, and the Judicial Committee has advised Us that the judge ought to be removed from office for inability as aforesaid or for misbehaviour.

(6) If the Governor considers that the question of removing a judge of the Supreme Court or the District Court from office for inability as aforesaid or for misbehaviour ought to be investigated, then-

(a) the Governor shall, by instrument under the Public Seal (which he may        vary or revoke by another such instrument), appoint a tribunal, which shall consist of a Chairman and not less than two other members selected by the Governor from among judges who hold or have held office as judge of a court having unlimited jurisdiction in any part of the Commonwealth or a court having jurisdiction in appeals from any such court;

(b) the tribunal shall enquire into the matter and report on the facts thereof to the Governor and recommend to the Governor whether he       should request that the question of the removal of the judge should be        referred by Us to the Judicial Committee; and

(c) if the tribunal so recommends, the Governor shall request that the question should be referred accordingly.

(7) If the question of removing a judge of the Supreme Court or the District Court from office has been referred to a tribunal appointed under paragraph

(6) of this Article, the Governor may suspend the judge from performing the functions of his office.

(8) Any such suspension may at any time be revoked by the Governor and shall in any case cease to have effect-

(a) if the tribunal recommends to the Governor that he should not request that the question of the removal from office of the judge should be       referred by Us to the Judicial Committee; or

(b) if the Judicial Committee advises Us that the judge ought not to be        removed from office. (Replaced on 3 May 1976) "retiring age"

ARTICLE XVII – Acting Governor
1) During any period when the office of Governor is vacant or the holder thereof is absent from the Colony or is for any other reason unable to perform the functions of his office, those functions shall, during Our pleasure, be assumed and performed by-