Hong Kong Ordinances

MAGISTRATES ORDINANCE - SECT 5AB

Professional qualifications of special magistrates

Due to technical constraints, sections 5AA and 5AB of this Ordinance are
placed after section 5A in the BLIS system. The correct sequence of the
sections should be "5AA, 5AB, 5A".

(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)