Justices Of The Peace Ordinance


Published: 1997-06-30

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Cap 510 - JUSTICES OF THE PEACE ORDINANCE 1

Chapter: 510 JUSTICES OF THE PEACE ORDINANCE Gazette Number Version Date

Long title 30/06/1997


To make provisions for the appointment, functions, resignation and removal of justices of the peace, and for matters
incidental thereto or connected therewith.


[30 May 1997] L.N. 294 of 1997


(Originally 47 of 1997)

Section: 1 Short title 30/06/1997


(1) This Ordinance may be cited as the Justices of the Peace Ordinance.
(2) (Omitted as spent)


Section: 2 Interpretation 30/06/1997


In this Ordinance, unless the context otherwise requires-
"advisory panel" (諮詢小組) means a panel specified in Part III of Schedule 1;
"custodial institution" (羈押院所) means a place specified in Part I of Schedule 1;
"detained person" (被扣留者) means a person specified in Part II of Schedule 1;
"justice of the peace" (太平紳士) means a justice of the peace appointed under section 3(1);
"New Territories Justice of the Peace" (新界太平紳士) means a New Territories Justice of the Peace appointed

under section 3(2).

Section: 3 Appointment of justices of the peace L.N. 362 of 1997;

27 of 1999
01/07/1997



Remarks:
Adaptation amendments retroactively made - see 27 of 1999 s. 3


(1) The Chief Executive may from time to time appoint-
(a) any person holding any office in the public service whom he considers to be fit and proper; or
(b) any other person whom he considers to be fit and proper,

to be a justice of the peace on such terms and conditions as the Chief Executive may determine. (Amended 27 of 1999
s. 3)

(2) The Chief Secretary for Administration may from time to time appoint a justice of the peace appointed
under subsection (1)(b) whom he considers to be fit and proper to be a New Territories Justice of the Peace on such
terms and conditions as the Chief Secretary for Administration may determine. (Amended L.N. 362 of 1997)

(3) A justice of the peace appointed under subsection (1) shall, as soon as possible after appointment, take an
oath or make an affirmation in the form set out in Schedule 2 which shall be administered by a commissioner for
oaths.

(4) A notice of an appointment made under this section shall be published in the Gazette.
(5) In the case of an appointment made under subsection (1), the notification shall only be published in the

Gazette after the oath or affirmation referred in subsection (3) has been taken or made.
(6) An appointment made under this section shall not be effective prior to its publication in the Gazette.


Section: 4 Term of Office 30/06/1997


(1) A justice of the peace shall cease to hold such office if-
(a) his appointment is revoked under section 6; or
(b) in the case of a justice of the peace appointed under section 3(1)(a), he leaves the public service.



Cap 510 - JUSTICES OF THE PEACE ORDINANCE 2

(2) A justice of the peace appointed under section 3(2) to be a New Territories Justice of the Peace shall cease
to hold the office of New Territories Justice of the Peace if he ceases to be a justice of the peace under this Ordinance.

Section: 5 Powers and functions of justices of the peace 27 of 1999 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 27 of 1999 s. 3


(1) The functions of a justice of the peace shall be-
(a) to visit any custodial institution or detained person;
(b) to take and receive declarations and to perform any other functions under the Oaths and Declarations

Ordinance (Cap 11); and
(c) in the case of a justice of the peace appointed under section 3(1)(b), to serve as a member of any

advisory panel.
(2) A justice of the peace appointed or nominated under any Ordinance to perform functions under subsection

(1)(a) or (c) shall exercise such powers and perform such other functions as may be conferred or imposed on him by
such Ordinance.

(3) A justice of the peace shall perform such other functions as may be imposed on him from time to time by
the Chief Executive. (Amended 27 of 1999 s. 3)

Section: 6 Revocation of appointment 27 of 1999 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 27 of 1999 s. 3


(1) The Chief Executive may by notice in writing to a justice of the peace revoke his appointment as such if-
(a) at any time after his appointment as such, that justice of the peace has been convicted in Hong Kong or

any other place of an offence in respect of which he has been sentenced to imprisonment, whether
suspended or not;

(b) that justice of the peace is suffering from mental disorder within the meaning of the Mental Health
Ordinance (Cap 136);

(c) at any time after his appointment as such, that justice of the peace has departed Hong Kong and
remained outside Hong Kong for any continuous period of 6 months unless his absence from Hong
Kong was due to some reason approved by the Chief Executive;

(d) the Chief Executive, having regard to the public interest and all other circumstances of the case,
considers that that justice of the peace is no longer fit and proper to remain appointed. (Amended 27
of 1999 s. 3)

(2) A notice under subsection (1) shall include an adequate statement of the reason or reasons for revoking the
appointment.

(3) A revocation of an appointment under subsection (1) shall be notified in the Gazette.

Section: 7 Resignation 27 of 1999 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 27 of 1999 s. 3


A justice of the peace may at any time resign his office by giving notice in writing addressed to the Chief
Executive, and he shall cease to be a justice of the peace from the date specified in the notice or, if no date is specified,
from the date of the receipt by the Chief Executive of the notice.

(Amended 27 of 1999 s. 3)

Section: 8 Amendment of Schedule 27 of 1999 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 27 of 1999 s. 3



Cap 510 - JUSTICES OF THE PEACE ORDINANCE 3


The Chief Executive may by notice in the Gazette amend Schedule 1.

(Amended 27 of 1999 s. 3)

Section: 9 Transitional 30/06/1997


(1) A person who immediately before the commencement of this Ordinance held an appointment as a justice of
the peace shall remain, as from such commencement but subject to the terms and conditions of that appointment, to be
a justice of the peace as if-

(a) in the case of an Official Justice of the Peace, that appointment had been made under section 3(1)(a)
and had become effective;

(b) in the case of a Non-official Justice of the Peace, that appointment had been made under section
3(1)(b) and had become effective; or

(c) in the case of a New Territories Justice of the Peace, that appointment had been made under section
3(2) and had become effective,

and the provisions of this Ordinance shall apply accordingly.
(2) A judge, a District Judge (including a deputy District Judge) or a magistrate who immediately before the

commencement of this Ordinance was a justice of the peace by virtue of his office shall cease to be a justice of the
peace on the commencement of this Ordinance.

(3) In this section-
"Non-official Justice of the Peace" (非官守太平紳士) means a person appointed to be a Non-official Justice of the

Peace by the Governor prior to the commencement of this Ordinance;
"Official Justice of the Peace" (官守太平紳士) means a person appointed to be an Official Justice of the Peace by

the Governor prior to the commencement of this Ordinance.

Section: 10 (Omitted as spent) 30/06/1997




Schedule: 1 30/06/1997


[sections 2 & 8]


PART I


CUSTODIAL INSTITUTIONS

1. A prison or any other institutions under the control of the Commissioner of Correctional Services of Hong Kong

within the meaning of section 23 of the Prisons Ordinance (Cap 234).

2. A place designated under section 13H of the Immigration Ordinance (Cap 115) as a detention centre.

3. An institution approved under section 11 of the Probation of Offenders Ordinance (Cap 298).

4. A place of detention appointed under section 16 of the Juvenile Offenders Ordinance (Cap 226).


PART II


DETAINED PERSONS

1. A detainee within the meaning of paragraph 2 of the Independent Commission Against Corruption (Treatment of

Detained Persons) Order (Cap 204 sub. leg. A).


PART III




Cap 510 - JUSTICES OF THE PEACE ORDINANCE 4

ADVISORY PANELS

1. An advisory panel within the meaning of section 29B of the Pension Benefits Ordinance (Cap 99).

Schedule: 2 OATH OF OFFICE 30/06/1997


[section 3(3)]


I, , having been appointed to be a justice of the peace,


swear


------------------------------------------- that I will uphold the law of Hong

solemnly and sincerely declare and affirm
Kong and that I will conscientiously and truly serve the people of Hong Kong as a justice of the peace.


Sworn
---------------- this day of , 19 .

Declared




.........................................


Before me,




.........................................
Commissioner for Oaths.


Schedule: 3 (Omitted as spent) 30/06/1997

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