Judicial Service Commission (Amendment) Bill 1997

A Bill

Amend the Judicial Service Commission Ordinance.

  Enacted by the Provisional Legislative Council.

1.        Short title and commencement

(1) This Ordinance may be cited as the Judicial Service Commission (Amendment) Ordinance 1997.
(2) This Ordinance comes into operation on 1 July 1997.

2.       Interpretation
Section 2 of the Judicial Service Commission Ordinance (Cap. 92) is amended by adding -
""Chief Executive" ( 行政長官 ) means the Chief Executive of the Hong Kong Special Administrative Region of the People's Republic of China;
"Legislative Council" ( 立法會 ) means the Legislative Council but during the existence of the Provisional Legislative Council means the Provisional Legislative Council;".

3.       Judicial Service Commission
Section 3(1)(b) is amended by repealing "Attorney General" and substituting "Secretary of Justice".

4.       Adaptation
Section 3, 5, 6, 8, 9, 11 and 13 and the Second Schedule are amended by repealing "Governor" wherever it appears and substituting "Chief Executive".

5.       Section added
The following section is added -
"7A.    Transitional
           (1) Notwithstanding section 7, a member appointed under
section 3 and whose appointment takes effect on 1 July 1997 may take his oath or affirmation in the manner prescribed in section 7 as soon as practicable after the appointment.".
           (2) For the avoidance of doubt, any advice given or
recommendations made shall not be invalid merely by reason of the fact that the members of the Commission had not taken the relevant oaths or affirmations as prescribed under subsection(1).".

6.       Section repealed
Section 15 of the Judicial Service Commission Ordinance is repealed.

7.       First Schedule amended
The First Schedule is amended -
         (a)       by being renumbered as Schedule 1;
         (b) by adding before "Justice of Appeal" -
"Chief Judge of the High Court";
         (c) by repealing "Judge of the High Court, other than the Chief Justice" and substituting "Judge of the Court of First Instance";
         (d) by repealing "Recorder of the High Court" and substituting "Recorder of the Court of First Instance";
         (e) by repealing "Supreme Court" where it appears 3 times and substituting "High Court".

8.       Second Schedule amended
The Second Schedule is renumbered as Schedule 2.

9.       References to Schedules
A reference to a Schedule in the Judicial Services Commission Ordinance (Cap. 92) that is made to an ordinal number is amended to the corresponding cardinal number.

Explanatory Memorandum
The purposes of the Bill are -
           (a)       to make the necessary amendments to the Judicial Service Commission Ordinance (Cap. 92) to provide for transitional matters relating to the first appointment of the Judges and judicial officers on the establishment of the Hong Kong Special Administrative Region; and
         (b)       to give effect to adaptation of laws upon the resumption of the exercise of sovereignty of Hong Kong by the People's Republic of China.

(Members of the public are welcome to express their views on the Bills, by writing to the Provisional Legislative Council Secretariat at 3/F, Huaxia Art Centre, No. 1 Guangqiao Street, Overseas Chinese Town, Shenzhen)