Cap. 433

An Ordinance to provide procedures for discipline of judicial officers of certain courts and tribunals. [31 May 1996] L.N. 245 of 1996(Format changes—E.R. 2 of 2020) (Enacting provision omitted—E.R. 2 of 2020) 1. Short title (Amended E.R. 2 of 2020)(1) This Ordinance may be cited as the Judicial Officers (Tenure of Office) Ordinance.(2) (Omitted as spent—E.R. 2 of 2020) 2. Interpretation In this Ordinance, unless the context otherwise requires—officer (司法人員) means a judicial officer as defined in section 2 of the Judicial Officers Recommendation Commission Ordinance (Cap. 92) but does not include a judge of the Court of Final Appeal, Justice of Appeal, a Judge of the Court of First Instance or a District Judge.(Amended 79 of 1995 s. 50; 25 of 1998 s. 2) 3. Allegation of officer’s inability or misbehaviour (1) If it is represented to the Chief Justice that an officer is unable to discharge his duties or has misbehaved, the Chief Justice may notify the officer of the particulars of the representations received and where he does so he shall call on the officer to state in writing, within a reasonable period specified by the Chief Justice, any grounds on which he relies to justify himself.(2) If the officer—(a) does not furnish a statement to the Chief Justice within the time specified or within a further time that the Chief Justice may allow; or(b) fails to justify himself to the satisfaction of the Chief Justice,the Chief Justice shall appoint a tribunal to investigate the matter. 4. Suspension of officer (1) The Chief Justice may suspend an officer from the exercise of the powers and functions of his office if—(a) the Chief Justice notifies the officer under section 3(1) or appoints a tribunal under section 3(2);(b) criminal proceedings have been or, in the Chief Justice’s opinion, are likely to be instituted against the officer; or(c) investigation of the officer’s conduct is being undertaken and the Chief Justice considers it is contrary to the public interest for him to continue to exercise the powers and functions of his office.(2) During the period of an officer’s suspension under—(a) subsection (1)(a) the officer is entitled to not less than 50% of the emoluments of his office, as determined by the Chief Justice;(b) subsection (1)(b) the officer is entitled to not less than 50% of the emoluments of his office, as determined by the Chief Justice; but he is entitled to no further emoluments if he is convicted, pending a decision by the Chief Executive under section 9; and (Amended 26 of 1999 s. 3)(c) subsection (1)(c) the officer is entitled to all of the emoluments of his office.(3) If proceedings against an officer do not result in an action being taken under section 9, the officer is entitled to all of the emoluments that he would have been entitled to if he had not been suspended.(4) If an action under section 9 other than dismissal is taken, the officer is entitled to all or a portion, as determined by the Chief Justice, of the emoluments that he would have been entitled to if he had not been suspended. 5. Criminal proceedings against officer (1) If criminal proceedings are instituted against an officer, proceedings under this Ordinance, other than under section 4, that are based on any grounds involved in the criminal proceedings shall not be taken pending final determination of the criminal proceedings.(2) An officer who is acquitted of a criminal charge is not subject to further proceedings under this Ordinance for any matters in respect of which he has been acquitted, but he may be subject to further proceedings under this Ordinance for any other matters arising out of his conduct which do not raise substantially the same issues as those on which he has been acquitted.(3) After final determination of the criminal proceedings, where the officer stands convicted, the Chief Justice shall submit a record of the relevant court proceedings to the Judicial Officers Recommendation Commission. (Amended 79 of 1995 s. 50) 6. Tribunal (1) The tribunal appointed by the Chief Justice under section 3(2) shall consist of 2 judges of the High Court, one of whom the Chief Justice shall appoint as Chairman of the tribunal, and a public officer. (Amended 25 of 1998 s. 2)(2) The Chairman shall, by written notice—(a) inform the office of the allegations against him, the substance of the evidence in support of those allegations and any other matters that may be investigated;(b) invite the officer to appear before the tribunal at a time and place specified in the notice; and(c) invite the officer to produce at the time and place specified any witnesses and other evidence whom or which he wishes to present in his defence.(3) The tribunal may, by notice under the signature of the Chairman, order a person to produce documents or to attend and give evidence before the tribunal.(4) Subject to rules that may be made under section 11, the tribunal may determine its own procedure and it is not bound by the rules of evidence.(5) If, after reasonable notice and without reasonable excuse, the officer fails to attend at the time and place specified by the Chairman, the tribunal may proceed with the investigation.(6) A person who without reasonable excuse—(a) fails to attend when required; or(b) refuses to give or withholds evidence or documents required,under subsection (3) commits an offence and is liable to a fine at level 5 and to imprisonment for 6 months. (Amended E.R. 2 of 2020) 7. Report of tribunal to Judicial Officers Recommendation Commission On completion of its investigation the tribunal shall submit a report to the Judicial Officers Recommendation Commission which shall contain— (Amended 79 of 1995 s. 50)(a) a summary of the investigation and a record of proceedings;(b) a finding of facts; and(c) the tribunal’s opinion as to whether the officer is unable to discharge his duties or has misbehaved. 8. Judicial Officers Recommendation Commission report to Chief Executive If, after considering the tribunal’s report or the record of proceedings submitted to it under section 5(3), the Judicial Officers Recommendation Commission considers that the officer is unable to discharge his duties or has misbehaved, the Judicial Officers Recommendation Commission shall recommend to the Chief Executive that no action be taken or that the officer— (Amended 79 of 1995 s. 50; 26 of 1999 s. 3)(a) be dismissed;(b) be compulsorily retired with pension, gratuity or other allowances, or without such benefits or with reduced benefits;(c) be reduced in rank;(d) have any future salary increments stopped or deferred; or(e) be reprimanded or severely reprimanded. 9. Chief Executive may take action (1) After receiving a recommendation under section 8 the Chief Executive may take the action recommended to him, any other action referred to in section 8(a) to (e) or no action.(2) An officer who is dismissed by the Chief Executive is not entitled to a pension or gratuity or other benefits or advantages otherwise due to an officer.(Amended 26 of 1999 s. 3) 10. Application of Ordinance to officers employed on agreement terms After 3 years of employment as an officer employed on agreement terms, an officer may only be dismissed from office during the term of an agreement in accordance with this Ordinance. 11. Rules (1) The Chief Justice may, after consultation with the Judicial Officers Recommendation Commission, make rules for the general purposes of this Ordinance and for the conduct of proceedings before a tribunal appointed under this Ordinance, including rules as to— (Amended 79 of 1995 s. 50)(a) representation by a barrister, solicitor or agent of any person interested in the proceedings before a tribunal;(b) the circumstances under which a tribunal may employ a person to assist the tribunal in its investigation of a matter; and(c) the circumstances under which costs may be ordered to be paid to or by any person involved in proceedings before a tribunal and the maximum amount of costs that may be ordered in specified circumstances.(2) Where, under rules made under this section, costs are ordered to be paid—(a) by or to the Government, they shall be paid out of or into the general revenue, as the case may be;(b) to the Government, they are recoverable as a civil debt; and(c) they are recoverable by action of the person to whom the costs are ordered to be paid.(3) Where a tribunal appointed under this Ordinance incurs expenses that are authorized under rules made under this section, the expenses shall be paid out of the general revenue. 12. (Omitted as spent—E.R. 2 of 2020)