(1) 本條例可引稱為《太平紳士條例》。
(1) This Ordinance may be cited as the Justices of the Peace Ordinance.
在本條例中,除文意另有所指外─
" In this Ordinance, unless the context otherwise requires-"
“太平紳士”(justice of the peace) 指根據第3(1)條獲委任的太平 紳士;
" ""justice of the peace"" (太平紳士) means a justice of the peace appointed under section 3(1);"
“新界太平紳士”(New Territories Justice of the Peace) 指根據 第3(2)條獲委任的新界太平紳士;
" ""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)."
(1) 總督可不時按他決定的條款及條件委任以下人士為太平紳士─
(1) The Governor may from time to time appoint-
(a) 擔任公職而總督認為合適和適當的人;或
(a) any person holding any office in the public service whom he considers to be fit and proper; or
(b) 總督認為合適和適當的任何其他人。
" (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 Governor may determine."
(3) 根據第(1)款獲委任的太平紳士須在獲委任後盡快在監誓員主持下 作出採用附表2所列格式的宗教式或非宗教式宣誓。
" (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) 根據本條作出的委任的公告須在憲報刊登。
(4) A notice of an appointment made under this section shall be published in the Gazette.
(5) 如屬根據第(1)款作出的委任,公告須在第(3)款提述的宗教式或 非宗教式宣誓作出後始可在憲報刊登。
" (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) 根據本條作出的委任不得在其於憲報公布之前生效。
(6) An appointment made under this section shall not be effective prior to its publication in the Gazette.
(1) 太平紳士在下述情況下即終止擔任該職位─
(1) A justice of the peace shall cease to hold such office if-
(b) 如屬根據第3(1)(a)條獲委任的太平紳士,在他離開公職時。
" (b) in the case of a justice of the peace appointed under section 3(1)(a), he leaves the public service."
(2) 根據第3(2)條獲委任為新界太平紳士的太平紳士如根據本條例終 止擔任太平紳士,即須終止擔任新界太平紳士的職位。
(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.
(1) 太平紳士的職能是─
(1) The functions of a justice of the peace shall be-
(b) 根據《宣誓及聲明條例》(第11章)監理和接受聲明以及履行任何 其他職能;及
(b) to take and receive declarations and to perform any other functions under the Oaths and Declarations Ordinance (Cap 11); and
(c) (如屬根據第3(1)(b)條獲委任的太平紳士)擔任任何諮詢小組的成 員。
" (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) 根據任何條例獲委任或指定以履行第(1)(a)或(c)款所指職能的太 平紳士,須行使該等條例授予他的權力和履行該等條例委予他的職能。
(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) 太平紳士須履行總督不時委予他的其他職能。
(3) A justice of the peace shall perform such other functions as may be imposed on him from time to time by the Governor.
(1) 總督可在下述情況下藉向太平紳士發出書面通知而撤銷其作為太 平紳士的委任─
(1) The Governor may by notice in writing to a justice of the peace revoke his appointment as such if-
(a) 該太平紳士在獲委任為太平紳士後的任何時間,在香港或任何其 他地方被定罪,並就所涉罪行被判處監禁(不論是否獲得緩刑);
" (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) 該太平紳士患有《精神健康條例》(第136章)所指的精神紊亂;
(b) that justice of the peace is suffering from mental disorder within the meaning of the Mental Health Ordinance (Cap 136);
(c) 該太平紳士在獲委任為太平紳士之後的任何時間,離開香港並連 續6個月留在香港以外地方,但如他是因總督批准的理由而不在香港的, 則屬例外;
" (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 Governor;"
(d) 總督經顧及公眾利益及有關個案的一切其他情況後,認為該太平 紳士不再合適和適當繼續獲委任。
" (d) the Governor, 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."