(2) Notwithstanding subsection (1) a person shall also be eligible to be appointed as the first Chief Justice to be appointed or as a permanent judge to be appointed prior to the hearing of the first appeal by the Court if he is—
- (a) a retired Chief Justice of the Supreme Court;
- (b) a retired Justice of Appeal; or
- (c) a retired judge of the High Court.
(3) A person shall be eligible to be appointed as a non-permanent Hong Kong judge if he is—
- (a) a retired Chief Justice of the Supreme Court;
- (b) a retired Chief Justice of the Court;
- (c) a retired permanent judge of the Court;
- (d) a Justice or retired Justice of Appeal; or
- (e) a barrister who has practised as a barrister or solicitor in Hong Kong for a period of at least 10 years,
whether or not he is ordinarily resident in Hong Kong.
(4) A person shall be eligible to be appointed as a judge from another common law jurisdiction if he is—
- (a) a judge or retired judge of a court of unlimited jurisdiction in either civil or criminal matters in another common law jurisdiction;
- (b) a person who is ordinarily resident outside Hong Kong; and
- (c) a person who has never been a judge of the Supreme Court, a District Judge or a permanent magistrate, in Hong Kong.
13. Prohibition on practice as barrister or solicitor
A person who has been appointed as the Chief Justice, a permanent judge or a non-permanent judge shall not be entitled to practise as a barrister or solicitor in Hong Kong either while he holds office as such a judge or at any time after he ceases for any reason to hold office as such a judge and shall be deemed upon and by virtue of such appointment to be not qualified to practise as a barrister or solicitor.
14. Tenure of office
(1) The Chief Justice and permanent judges shall vacate their offices when they attain the retiring age.
(2) Notwithstanding subsection (1)—
- (a) subject to paragraphs (b) and (c) the terms of office of the Chief Justice and of permanent judges may be extended for not more than 2 periods of 3 years by the Governor acting, in the case of the Chief Justice, in accordance with the recommendation of the
