Hong Kong Ordinances

DISTRICT COURT ORDINANCE - SECT 5

Professional qualifications of District Judges

(Past version on 30/06/1997).

(1) No person shall be appointed to be a District Judge under section 4
unless-

   (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
        (Amended 21 of 1962 s. 4; 14 of 1997 s. 3)

   (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; or

(ia) been the Registrar of the High Court or a senior deputy registrar, deputy
registrar or assistant registrar of the High Court, appointed in accordance
with section 37 of the High Court Ordinance ( Cap  4); or (Added 10 of 2005 s.
144)

(ib) been the Registrar or a deputy registrar or assistant registrar appointed
in accordance with section 14; or (Added 10 of 2005 s. 144)

        (ii)   -(iv) (Repealed 14 of 1997 s. 3)

        (v)    been a permanent magistrate appointed in accordance with
               section 5 of the Magistrates Ordinance ( Cap 227); or

(va) been a coroner appointed in accordance with section 3 of the
Coroners Ordinance ( Cap 504); or (Added 10 of 2005 s. 144)

(vb) been an adjudicator appointed in accordance with section 4 of the
Small Claims Tribunal Ordinance ( Cap 338); or (Added 10 of 2005 s. 144)

(vc) been a presiding officer appointed in accordance with section  4 of the
Labour Tribunal Ordinance ( Cap 25); or (Added 10 of 2005 s. 144)

        (vi)   been a legal officer as defined in section 2 of the Legal 
               Officers Ordinance ( Cap 87); or

        (vii)  (Repealed 8 of 1993 s. 26)

        (viii) 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); or (Added 66 of 1976 s. 2.
               Amended 24 of 1983 s. 7; 39 of 1992 s. 13)

        (ix)   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 (Added 39 of 1992 s. 13.
               Amended 60 of 1992 s. 7; 68 of 1995 s. 18)

        (x)    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). (Added 60 of 1992 s. 7)

(2) For the purpose of calculating such period of 5 years, periods of less
than 5 years falling within any of the sub-paragraphs of paragraph

   (b)  of subsection (1) may be combined. (Amended 38 of 1965 s. 2)

(3) For the purposes of calculating the period of 5 years under subsection
(1), 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 8 of
1993 s. 26)

(1 of 1953 s. 5 incorporated. Amended 10 of 2005 s. 144)