Hong Kong Ordinances

JUDICIAL OFFICERS (TENURE OF OFFICE) ORDINANCE - SECT 5

Criminal proceedings against officer

(Past version on 30/06/1997).

(1) If criminal proceedings are instituted against an officer, proceedings
under this Ordinance, other than under section 4, that are based on any
grounds involved in the criminal proceedings shall not be taken pending final
determination of the criminal proceedings.

(2) An officer who is acquitted of a criminal charge is not subject to further
proceedings under this Ordinance for any matters in respect of which he has
been acquitted, but he may be subject to further proceedings under this
Ordinance for any other matters arising out of his conduct which do not raise
substantially the same issues as those on which he has been acquitted.

(3) After final determination of the criminal proceedings, where the officer
stands convicted, the Chief Justice shall submit a record of the relevant
court proceedings to the Judicial Officers Recommendation Commission. (Amended
79 of 1995 s. 50) (Enacted 1993)