Hong Kong Ordinances

HIGH COURT ORDINANCE - SECT 37AA

Professional qualifications of Registrar, senior deputy registrars, deputy registrars and assistant registrars

Due to technical constraints, sections 37AA, 37AB and 37AC of this Ordinance
are placed after section 37A in the BLIS system. The correct sequence of the
sections should be "37AA, 37AB, 37AC, 37A".

(1) A person shall be eligible to be appointed as the Registrar 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 senior deputy registrar, deputy registrar or assistant
               registrar appointed in accordance with section 37;

        (iii)  been a District Judge appointed in accordance with section 4 or
               7 of the District Court Ordinance ( Cap 336);

        (iv)   been the Registrar of the District Court or a deputy registrar
               or assistant registrar of the District Court, appointed in
               accordance with section 14 of the District Court Ordinance (
               Cap 336);

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

        (vi)   been a coroner appointed in accordance with section 3 of the
               Coroners Ordinance ( Cap 504);

        (vii)  been an adjudicator appointed in accordance with section 4 of
               the Small Claims Tribunal Ordinance ( Cap 338);

        (viii) been a presiding officer appointed in accordance with section 4
               of the Labour Tribunal Ordinance ( Cap 25);

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

        (x)    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);

        (xi)   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

        (xii)  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) A person shall be eligible to be appointed as a senior deputy registrar
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 deputy registrar or assistant registrar appointed in
               accordance with section 37;

        (iii)  been a District Judge appointed in accordance with section 4 or
               7 of the District Court Ordinance ( Cap 336);

        (iv)   been the Registrar of the District Court or a deputy registrar
               or assistant registrar of the District Court, appointed in
               accordance with section 14 of the District Court Ordinance (
               Cap 336);

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

        (vi)   been a coroner appointed in accordance with section 3 of the
               Coroners Ordinance ( Cap 504);

        (vii)  been an adjudicator appointed in accordance with section 4 of
               the Small Claims Tribunal Ordinance ( Cap 338);

        (viii) been a presiding officer appointed in accordance with section 4
               of the Labour Tribunal Ordinance ( Cap 25);

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

        (x)    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);

        (xi)   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

        (xii)  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).

(3) A person shall be eligible to be appointed as a deputy registrar 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 an assistant registrar appointed in accordance with
               section 37;

        (iii)  been a District Judge appointed in accordance with section 4 or
               7 of the District Court Ordinance ( Cap 336);

        (iv)   been the Registrar of the District Court or a deputy registrar
               or assistant registrar of the District Court, appointed in
               accordance with section 14 of the District Court Ordinance (
               Cap 336);

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

        (vi)   been a coroner appointed in accordance with section 3 of the
               Coroners Ordinance ( Cap 504);

        (vii)  been an adjudicator appointed in accordance with section 4 of
               the Small Claims Tribunal Ordinance ( Cap 338);

        (viii) been a presiding officer appointed in accordance with section 4
               of the Labour Tribunal Ordinance ( Cap 25);

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

        (x)    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);

        (xi)   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

        (xii)  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).

(4) A person shall be eligible to be appointed as an assistant registrar 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 District Judge appointed in accordance with section 4 or
               7 of the District Court Ordinance ( Cap 336);

        (iii)  been the Registrar of the District Court or a deputy registrar
               or assistant registrar of the District Court, appointed in
               accordance with section 14 of the District Court Ordinance (
               Cap 336);

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

        (v)    been a coroner appointed in accordance with section 3 of the
               Coroners Ordinance ( Cap 504);

        (vi)   been an adjudicator appointed in accordance with section 4 of
               the Small Claims Tribunal Ordinance ( Cap 338);

        (vii)  been a presiding officer appointed in accordance with section 
               4 of the Labour Tribunal Ordinance ( Cap 25);

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

        (ix)   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);

        (x)    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

        (xi)   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).

(5) For the purposes of calculating the period of 5 years referred to in
subsections (1)(b), (2)(b), (3)(b) and (4)(b)-

   (a)  periods of less than 5 years falling within any of the subparagraphs
        of subsection (1)(b), (2)(b), (3)(b) or (4)(b), as the case may be,
        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. 134)