What do Hong Kong people like to say about Justices of the Peace?
Justices of the Peace in Hong Kong can be divided into official Justices of the Peace, unofficial Justices of the Peace and New Territories Justices of the Peace. They just have different procedures and conditions, and there is no difference in their functions and status. The main duties of Hong Kong Justices of the Peace are to inspect prisons and other detention institutions, receive complaints from detainees and prevent the correctional authorities from imposing penalties other than those imposed by the court. At the same time, justices of the peace can supervise and accept public oaths and statements, so that the oaths or statements have legal effect. The most well-known work in this respect is to monitor the lottery results together with representatives of the Hong Kong Jockey Club funding agencies every time the Mark Six lottery is drawn. Just like other honours conferred by the Hong Kong Government or the former British Hong Kong Government, a person appointed as a justice of the peace can add the word "justice of the peace" after his name as part of his official title. In Hong Kong, people generally think that being a justice of the peace is a status symbol, so many people in the society actively donate money or hold public office in order to be appointed as a justice of the peace. In the past, justices of the peace in Hong Kong, like other Commonwealth countries, had to try cases. But now its functions have been replaced by full-time magistrates with legal qualifications. Justices of the Peace Ordinance This Ordinance provides for the appointment, functions, resignation and removal of justices of the peace, and matters incidental thereto or related thereto. [130 May 1997]/L.N. 294 of KLOC-0/997. This Ordinance may be cited as the Justices of the Peace Ordinance. 2. Interpretation In this Ordinance, unless the context otherwise requires-"justices of the peace" means justices of the peace appointed under section 3 (1)-"detainees" means persons specified in Part II of Schedule 1; "New Territories Justice of the Peace" means a New Territories Justice of the Peace appointed under section 3(2); "Advisory Panel" means the panel specified in Annex 1 Part III; There is also a detention center. 3. Appointment of Justices of the Peace The Chief Executive may, from time to time, appoint the following persons as Justices of the Peace, that is, the Chief Executive thinks fit and proper persons to hold public office; Or any other person the Chief Executive thinks fit and proper. The Chief Secretary for Administration may from time to time appoint such justices of the peace appointed under subsection (1)(b) as he thinks fit and proper on such terms and conditions as he decides. Justices of the peace appointed under subsection (1) shall, as soon as possible after their appointment, take an oath in the form set out in Schedule 2 under the auspices of a commissioner for oaths. Notice of appointment under this section shall be published in the Gazette. In the case of an appointment under subsection (1), the notice shall not be published in the Gazette until the oath or affirmation referred to in subsection (3) has been made. An appointment made under this section shall not take effect until it is published in the Gazette. 4. A serving justice of the peace shall cease to hold that office if his appointment is revoked under section 6, and shall cease to hold that office if he is a justice of the peace appointed under section 3( 1)(a). A justice of the peace appointed as a justice of the peace in the New Territories under section 3(2) ceases to be a justice of the peace within the meaning of this Ordinance. 5. Powers and Functions of the Magistrate The functions of the Magistrate are to visit any detention institution or any detainee; To supervise and receive declarations under the Oaths and Declarations Ordinance (Chapter 125, Laws of Hong Kong). 1 1) and perform any other functions; And (in the case of a justice of the peace appointed under section 3 (1)(b)). A justice of the peace appointed or designated under any Ordinance to perform the functions referred to in subsection (1)(a) or (c) shall exercise the powers conferred on him and perform the functions imposed on him by those Ordinances. Justices of the peace shall perform other functions entrusted to them by the Chief Executive from time to time. 6. The Chief Executive may revoke the appointment of a justice of the peace by giving a written notice to the justice of the peace under the following circumstances-the justice of the peace has been convicted in Hong Kong or any other place at any time after his appointment and sentenced to imprisonment (whether suspended or not) for that crime; The justice of the peace suffers from mental disorder within the meaning of the Mental Health Ordinance (Chapter11). 136); A justice of the peace leaves Hong Kong at any time after his appointment as a justice of the peace and is absent from Hong Kong for six consecutive months, unless he is absent from Hong Kong for reasons approved by the Chief Executive. The notice under paragraph (1) shall contain a complete statement of the reasons for revoking the appointment. The revocation of appointment under subsection (1) shall be notified in the Gazette. 7. Resignation Justices of the Peace may resign at any time by written notice to the Chief Executive, and shall cease to be Justices of the Peace from the date specified in the notice, or from the date when the notice is received by the Chief Executive if no date is specified in the notice. 8. Amendment of Schedule The Chief Executive may amend Schedule 1 by notice in the Gazette. 9. Transitional provisions Subject to the terms and conditions of appointment, a person who held the office of justice of the peace immediately before the commencement of this Ordinance shall remain a justice of the peace from the commencement of this Ordinance-in the case of official justices of the peace, it is as if the appointment had been made under section 3( 1)(a) and had taken effect; In the case of an unofficial justice of the peace, as if the appointment had been made under section 3( 1)(b) and had taken effect. Or in the case of justices of the peace in the New Territories, as if the appointment had been made under section 3(2), and the provisions of this Ordinance shall apply accordingly. A judge, district judge (including a deputy district judge) or magistrate who was a justice of the peace by virtue of his office immediately before the commencement of this Ordinance shall cease to be a justice of the peace at the commencement of this Ordinance. In this section, "official justices of the peace" means a person appointed by the Governor as an official justice of the peace before the commencement of this Ordinance; "Unofficial Justices of the Peace" means a person appointed by the Governor as an Unofficial Justice of the Peace before the commencement of this Ordinance. 10. (obsolete and omitted) Part 1 of Schedule 65438 [Articles 2 and 8] Detention facilities prisons referred to in Article 23 of the Prisons Ordinance (Cap. 125). 234) or any other institution under the control of the Commissioner of Correctional Services of Hong Kong. A place designated as a detention center under section 13H of the Immigration Ordinance (Cap. 125). 1 15). An institution approved under section 1 1 of the Probation of Offenders Ordinance (Chapter 298). Places of detention designated under section 16 of the Juvenile Offenders Ordinance (Chapter 226). Part II Detainee A detainee referred to in Article 2 of the Independent Commission Against Corruption (Disposal of Detainees) Order (Cap.11). Son 204. Legs. a)。 Part III Advisory Panel The advisory panel referred to in section 29B of the Pension Benefits Ordinance (Cap. 13 1). 99). Schedule 2[ Article 3(3)] Oath of Office. As I have been appointed as a justice of the peace (I hereby swear _), I solemnly declare and swear that I will uphold the laws of Hong Kong and serve the people of Hong Kong faithfully as a justice of the peace. /kloc-sworn on 0/9. report to a higher body ................................................................................................................................................................................