Hong Kong Ordinances

PENSION BENEFITS (JUDICIAL OFFICERS) ORDINANCE - SECT 6

Normal retirement age

(Past version on 01/07/1997).
(Past version on 30/06/1997).

(1) The normal retirement age of-

   (a)  the Chief Justice or a permanent judge of the Court of Final Appeal is
        when he attains the age of 65 years unless he is appointed under
        section 14(2)(b) of the Hong Kong Court of Final Appeal Ordinance (
        Cap  484) in which case his age at the expiration of his term of 3
        years shall be regarded as the normal retirement age; (Added 79 of
        1995 s. 50. Amended 10 of 2005 s. 182)

   (aa) a judge of the High Court or a District Judge is the retiring age
        specified in section 11A of the High Court Ordinance ( Cap 4) or
        section 11A of the District Court Ordinance ( Cap 336), as the case
        may be; (Replaced 26 of 1997 s. 5)

   (b)  the Registrar of the High Court or a Senior Deputy Registrar or Deputy
        Registrar of the High Court is when he attains the age of 65 years; or
        (Amended 10 of 2005 s. 182)

   (c)  an officer not referred to in paragraph (a) or (b) is when he attains
        the age of 60 years.

(2) Subject to subsections (3) and (4), an officer, other than one referred to
in subsection (1)(a) or (aa), shall not continue in service after his
normal retirement age.

(3) The Chief Executive may approve the continued service of an officer, other
than one referred to in subsection (1)(a) or (aa), for an aggregate of 5 years
plus accrued leave after he attains his normal  retirement age. (Amended 26 of
1999 s. 3)

(4) An officer, other than one referred to in subsection (1)(a) or

   (aa) , may continue in office for as long as necessary to enable him to
        deliver judgment or to do any other thing in relation to proceedings
        that were commenced before his normal retirement age or before the end
        of continued service approved under subsection (3) or before the
        expiration of any extension granted under section 14(1)(a) or (b) of
        the Hong Kong  Court of Final Appeal Ordinance ( Cap 484). (Amended 26
        of 1997 s. 5)

(5) Where, after his normal retirement age, an officer continues in service
under subsection (3) or (4) or under section 11A(2) or (3)(b) of the
High Court Ordinance ( Cap 4) or section 11A(2) or (3) of the District 
Court Ordinance ( Cap 336) or under section 14(2)(a) or (b) of the Hong 
Kong Court of Final Appeal Ordinance ( Cap 484), the continued service shall
be considered pensionable service. (Amended 26 of 1997 s. 5)

(6) In this section, "judge of the High Court" (高等法院法官) means a
judge of the High Court other than a judge appointed under section 8(1) or

(2) of the High Court Ordinance ( Cap 4) or a recorder or a deputy judge of
the Court of First Instance appointed under section 6A or 10(1), as the case
may be, of that Ordinance. (Added 26 of 1997 s. 5) (Amended 79 of 1995 s. 50;
25 of 1998 s. 2)

"judge of the High Court" (高等法院法官)