A leading overseas decide accepting an supply to serve on Hong Kong’s highest appellate court docket showed the intercontinental community’s rely on in the city’s judicial process, Hong Kong’s leader and a authorized specialist said on Monday.
Main Government Carrie Lam Cheng Yuet-ngor on Monday recognized the recommendation of the Judicial Officers Suggestion Commission (JORC) to appoint Lord Patrick Stewart Hodge, deputy president of the United kingdom Supreme Court docket, as a non-permanent judge from an additional widespread legislation jurisdiction on the Court docket of Ultimate Appeal (CFA).
This brings the quantity of the CFA’s non-permanent judges from other popular legislation jurisdictions to 14. Each and every situation read at the court docket necessitates the presence of at minimum a single non-permanent judge.
Less than Short article 90 of the Primary Regulation, Lam would seek out the Legislative Council’s endorsement for the appointment when the legislature resumes its meetings on Oct 14.
Lam mentioned the presence of the esteemed non-everlasting judges manifests the judicial independence of Hong Kong, helps keep a substantial degree of self-assurance in its legal program and makes it possible for Hong Kong to maintain robust hyperlinks with other frequent legislation jurisdictions.
“I have every self-assurance that these distinguished jurists from abroad with profound judicial expertise will continue on to be a distinctive power of our judicial process,” Lam mentioned.
The Courtroom of Final Attractiveness workouts the power of last adjudication of the Hong Kong Particular Administrative Region below Short article 82 of the Simple Legislation. The short article will allow the court to invite judges from other typical legislation jurisdictions to sit on it.
The city’s judiciary claimed Hodge’s appointment will present increased adaptability in dealing with the caseload of the Courtroom of Remaining Attraction. Past thirty day period, an Australian choose, Justice James Spigelman, available Lam his resignation as a non-long lasting decide of the court with out citing any distinct cause.
Ronny Tong Ka-wah, senior counsel and govt councilor, mentioned Hodge’s acceptance of the function shown the worldwide recognition of Hong Kong’s judicial independence.
He stated Hong Kong’s judicial process was continue to highly regarded by the international community and its graphic remained unaffected by the the latest resignation of a non-long term decide.
Tong reported he considered that these abroad judges, with their superior popularity and recognition by skilled community authorized professionals in the JORC, would carry a prosperity of expertise, legal spirit and principles in the authorized industry.
Through interaction with local judges and barristers, a globe-class bench could consolidate and increase the judicial workout in Hong Kong,Tong claimed.