### Hong Kong Court of Final Appeal Ordinance 《香港終審法院條例》

3. Establishment of the Court
There shall be a Hong Kong Court of Final Appeal which shall be a superior court of record.

4. Jurisdiction of the Court
(1) The Court shall have the jurisdiction conferred on it under this Ordinance and by any other law.
(2) The Court shall have no jurisdiction over acts of state such as defence and foreign affairs.
(3) The Court shall obtain a certificate from the Chief Executive on questions of fact concerning acts of state whenever such questions arise in the adjudication of cases, and that certificate shall be binding on the Court. (Amended 120 of 1997 s. 3)
(4) Before issuing such a certificate the Chief Executive shall obtain a certifying document from the Central People’s Government. (Amended 120 of 1997 s. 3)

5. Constitution of the Court
(1) The following shall be the judges of the Court—
(a) the Chief Justice; and
(b) the permanent judges.
(2) The Court may as required invite non-permanent Hong Kong judges to sit on the Court.
(3) The Court may as required invite judges from other common law jurisdictions to sit on the Court.
(4) When sitting as a member of the Court pursuant to subsection (2) or (3) a judge shall be deemed to be a member of the Court.
(5) Subject to section 7(2) there shall be not less than 3 permanent judges.
(6) Subject to subsection (7), where the Chief Justice is ill or absent for any cause, the Chief Executive shall appoint the next most senior permanent judge who is eligible to be appointed as the Chief Justice, to act as Chief Justice, with all the powers and functions of the Chief Justice, that seniority being determined in accordance with the order of precedence prescribed in section 11 with the judge having the highest precedence being regarded as the most senior. (Amended 120 of 1997 s. 4; 132 of 1997 s. 2)
(7) If there is no permanent judge who is eligible to be appointed as the Chief Justice, the Chief Executive shall, where the Chief Justice is ill or absent for any cause, appoint the next most senior permanent judge, even though he is not so eligible, to act as Chief Justice, with all the powers and functions of the Chief Justice, that seniority being determined in the manner specified in subsection (6). (Added 132 of 1997 s. 2)

### Hong Kong Court of Final Appeal Ordinance 《香港終審法院條例》

6. Chief Justice
(1) The Chief Justice shall be appointed by the Chief Executive acting in accordance with the recommendation of the Judicial Officers Recommendation Commission. (Amended 120 of 1997 s. 4)
(1A) The Chief Justice shall be a Chinese citizen who is a permanent resident of the Region with no right of abode in any foreign country. (Added 120 of 1997 s. 5)
(2) The Chief Justice shall be the head of the Judiciary and shall be charged with the administration of the Judiciary and such other functions as may from time to time be lawfully conferred on him.
(3) A permanent judge, a Justice of Appeal or a judge of the Court of First Instance appointed as Chief Justice shall cease to be a permanent judge, a Justice of Appeal or a judge of the Court of First Instance. (Amended 120 of 1997 s. 5; 10 of 2005 s. 154)

7. Appointment of permanent judges
(1) The permanent judges of the Court shall be appointed by the Chief Executive acting in accordance with the recommendation of the Judicial Officers Recommendation Commission. 
(2) If the office of any permanent judge becomes vacant, by death or otherwise and the number of permanent judges is thereby reduced to less than 3, the Chief Executive acting in accordance with the recommendation of the Judicial Officers Recommendation Commission shall as soon as reasonably possible after the office becomes vacant appoint another permanent judge to fill the vacancy. 
(3) A Justice of Appeal or a judge of the Court of First Instance appointed as a permanent judge shall cease to be a Justice of Appeal or a judge of the Court of First Instance. (Amended 120 of 1997 s. 6)
(Amended 120 of 1997 s. 4)

7A. Endorsement of Appointment or Removal of Judges of the Court
(1) The Chief Executive shall—
*(a) obtain the endorsement of the Legislative Council for the appointment or removal of judges of the Court, the non-permanent judges and judges from other common law jurisdictions appointed pursuant to sections 6, 7, 8 and 9; and
(b) report the appointment or removal to the Standing Committee of the National People’s Congress of the People’s Republic of China in accordance with Article 90 of the Basic Law of the Region for the record.
(2) For the purpose of this section, Legislative Council (立法會) means the Legislative Council but during the existence of the Provisional Legislative Council means the Provisional Legislative Council.
(Added 120 of 1997 s. 7) Editorial Note:
* For endorsement of the Legislative Council, please see the Endnote.

### Hong Kong Court of Final Appeal Ordinance 《香港終審法院條例》

8. List of non-permanent Hong Kong judges
(1) There shall be a list to be known as the list of non-permanent Hong Kong judges.
(2) The list shall consist of judges appointed by the Chief Executive acting in accordance with the recommendation of the Judicial Officers Recommendation Commission, as non-permanent Hong Kong judges.
(Amended 120 of 1997 s. 4)

9. List of judges from other common law jurisdictions
(1) There shall be a list to be known as the list of judges from other common law jurisdictions.
(2) The list shall consist of judges appointed by the Chief Executive acting in accordance with the recommendation of the Judicial Officers Recommendation Commission, as judges from other common law jurisdictions. (Amended 120 of 1997 s. 4)

10. Limit on number of non-permanent judges
The total number of persons holding office as non-permanent judges shall not at any one time exceed 30.

11. Precedence of judges
The judges of the Court, the non-permanent Hong Kong judges and the judges from other common law jurisdictions shall take precedence in the following order—
(a) the Chief Justice;
(b) the permanent judges who amongst themselves shall rank according to the priority of their respective appointments;
(c) the non-permanent Hong Kong judges who amongst themselves shall rank according to the priority of their respective appointments to the list of non-permanent Hong Kong judges; and
(d) the judges from other common law jurisdictions who amongst themselves shall rank according to the priority of their respective appointments to the list of judges from other common law jurisdictions.