Hong Kong Ordinances

MAGISTRATES ORDINANCE - SECT 5AB

Professional qualifications of special magistrates

(1) A person shall be eligible to be appointed as a special magistrate if-

   (a)  he is qualified to practise as a barrister, solicitor or advocate in a
        court in Hong Kong or any other common law jurisdiction having
        unlimited jurisdiction either in civil or criminal matters; and

   (b)  since becoming so qualified, he has for a period of or periods
        totalling not less than 5 years-

        (i)    practised as a barrister, solicitor or advocate in such a
               court;

        (ii)   been a legal officer;

        (iii)  been the Director of Legal Aid or a Deputy Director of Legal
               Aid, Assistant Director of Legal Aid or Legal Aid Officer,
               appointed in accordance with section 3 of the
               Legal Aid Ordinance ( Cap 91);

        (iv)   been the Official Receiver or an Assistant Official Receiver
               (Legal), Assistant Principal Solicitor, Senior Solicitor or
               Solicitor, appointed in accordance with section 75 of the
               Bankruptcy Ordinance ( Cap  6); or

        (v)    been the Director of Intellectual Property or a Deputy Director
               of Intellectual Property, Assistant Director of Intellectual
               Property, Senior Solicitor or Solicitor, appointed in
               accordance with section 3 of the
               Director of Intellectual Property (Establishment) Ordinance (
               Cap 412).

(2) Notwithstanding subsection (1), a person shall also be eligible to be
appointed as a special magistrate if-

   (a)  he is qualified to practise as a barrister, solicitor or advocate in a
        court in Hong Kong or any other common law jurisdiction having
        unlimited jurisdiction either in civil or criminal matters; and

   (b)  whether before or since becoming so qualified, he has for a period of
        or periods totalling not less than 5 years served in the grade of
        Court Prosecutor, Court Interpreter or Judicial Clerk in the
        Government.

(3) For the purposes of calculating the period of 5 years referred to in
subsection (1)(b)-

   (a)  periods of less than 5 years falling within any of the subparagraphs
        of that subsection may be combined;

   (b)  periods served in an office specified in Part I of the First Schedule
        to the repealed Registrar General (Establishment) Ordinance ( Cap 
        100) may be taken into account notwithstanding the repeal of that
        Ordinance. (Added 10 of 2005 s. 142)