### High Court Ordinance 《高等法院條例》

11A. Term of office of judges
(1) A judge of the High Court must vacate his office when he attains the retirement age.
(2) Notwithstanding the fact that he has attained the retirement age, a person holding the office of a judge of the High Court may continue in office for so long after attaining the retirement age as may be necessary to enable him to deliver judgment or to do any other thing in relation to proceedings that were commenced before him before he attained that age.
(3) Notwithstanding subsection (1)—
(a) a person who has attained the age of 70 years may be appointed to be a judge of the High Court (whether or not the person has previously held office as such) for a specified period or periods not exceeding 5 years in the aggregate by the Chief Executive acting in accordance with the recommendation of the Judicial Officers Recommendation Commission; and (Replaced 10 of 2019 s. 4)
(b) the term of office of a judge of the High Court (other than a person appointed to be a judge under paragraph (a)) may be extended for a specified period or periods not exceeding 5 years in the aggregate by the Chief Executive acting in accordance with the recommendation of the Judicial Officers Recommendation Commission,
and in any such case the judge is accordingly to be regarded as having attained the retirement age at the expiration of the specified period or periods.
(4) A judge of the High Court may at any time resign his office by notice in writing addressed to the Chief Executive.
(5) In this section—

retirement age (退休年齡), for a judge of the High Court, means—
(a) unless paragraph (b) applies—the age of 70 years;
(b) if the judge could have opted for the retirement age (extension) arrangement pursuant to section 11A of the Pension Benefits (Judicial Officers) Ordinance (Cap. 401) or the Circular, and has not so opted—the age of 65 years. (Replaced 10 of 2019 s. 4)

(Added 26 of 1997 s. 3. Amended 25 of 1998 s. 2; 10 of 2019 s. 4)

### High Court Ordinance 《高等法院條例》

11B. Transitional provisions relating to retirement age (extension) arrangement
(1) In this section—

specified judge (指明法官) means a judge of the High Court—
(a) whose term of office has been extended under section 11A(3)(b) before the commencement date* of the Judicial Officers (Extension of Retirement Age) (Amendment) Ordinance 2019 (10 of 2019); and
(b) who has opted for the retirement age (extension) arrangement pursuant to section 11A of the Pension Benefits (Judicial Officers) Ordinance (Cap. 401) or the Circular.

(2) If, but for this section, the extended term of office of a specified judge would have expired before the judge attains the age of 70 years, the judge’s term of office is extended to the date immediately before the judge attains the age of 70 years.
(3) When a specified judge attains the age of 70 years, the judge’s term of office may be further extended under section 11A(3)(b) for a specified period or periods not exceeding 5 years in the aggregate, as if the judge’s term of office had not previously been extended.
(Added 10 of 2019 s. 5) Editorial Note:
* Commencement date: 6 December 2019.

12. Jurisdiction of Court of First Instance
(1) The Court of First Instance shall be a superior court of record.
(2) The civil jurisdiction of the Court of First Instance shall consist of—
(a) original jurisdiction and authority of a like nature and extent as that held and exercised by the Chancery, Family and Queen’s Bench Divisions of the High Court of Justice in England; and
(b) any other jurisdiction, whether original or appellate jurisdiction, conferred on it by any law.
(3) The criminal jurisdiction of the Court of First Instance shall consist of—
(a) original jurisdiction of a like nature and extent as that held and exercised in criminal matters by the High Court of Justice and the Crown Court in England respectively; and
(b) any other jurisdiction, whether original or appellate jurisdiction, conferred on it by any law.
(4) (Repealed 81 of 1997 s. 59)(Amended 25 of 1998 s. 2)

### High Court Ordinance 《高等法院條例》

12B. Mode of exercise of Admiralty jurisdiction
(1) Subject to section 12C an action in personam may be brought in the Court of First Instance in all cases within the Admiralty jurisdiction of that court.
(2) In the case of any such claim as is mentioned in section 12A(2)(a), (c) or (r) or any such question as is mentioned in section 12A(2)(b), an action in rem may be brought in the Court of First Instance against the ship or property in connection with which the claim or question arises and such action shall be deemed to be brought by and upon the issue of the writ in rem.
(3) In any case in which there is a maritime lien or other charge on any ship, aircraft or other property for the amount claimed, an action in rem may be brought in the Court of First Instance against that ship, aircraft or property.
(4) In the case of any such claim as is mentioned in section 12A(2)(e) to (q), where—
(a) the claim arises in connection with a ship; and
(b) the person who would be liable on the claim in an action in personam (the relevant person