Hong Kong Ordinances

JUDICIAL OFFICERS (TENURE OF OFFICE) ORDINANCE - SECT 4

Suspension of officer

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 26 of 1999 s. 3

(1) The Chief Justice may suspend an officer from the exercise of the powers
and functions of his office if-

   (a)  the Chief Justice notifies the officer under section 3(1) or appoints
        a tribunal under section 3(2);

   (b)  criminal proceedings have been or, in the Chief Justice's opinion, are
        likely to be instituted against the officer; or

   (c)  investigation of the officer's conduct is being undertaken and the
        Chief Justice considers it is contrary to the public interest for him
        to continue to exercise the powers and functions of his office.

(2) During the period of an officer's suspension under-

   (a)  subsection (1)(a) the officer is entitled to not less than 50% of the
        emoluments of his office, as determined by the Chief Justice;

   (b)  subsection (1)(b) the officer is entitled to not less than 50% of the
        emoluments of his office, as determined by the Chief Justice; but he
        is entitled to no further emoluments if he is convicted, pending a
        decision by the Chief Executive under section 9; and (Amended 26 of
        1999 s. 3)

   (c)  subsection (1)(c) the officer is entitled to all of the emoluments of
        his office.

(3) If proceedings against an officer do not result in an action being taken
under section 9, the officer is entitled to all of the emoluments that he
would have been entitled to if he had not been suspended.

(4) If an action under section 9 other than dismissal is taken, the officer is
entitled to all or a portion, as determined by the Chief Justice, of the
emoluments that he would have been entitled to if he had not been suspended.
(Enacted 1993)