Chief Judge of the High Court of Hong Kong

Last updated

Chief Judge of the High Court of Hong Kong
Regional Emblem of Hong Kong.svg
Emblem of Hong Kong
Style The Honourable
Appointer Chief Executive of Hong Kong with endorsement by the Legislative Council
Term length Life tenure (until statutory retirement at age 70, but may be extended by 5 years until age 75)
Inaugural holder Patrick Chan Siu-oi, 1997
Formation1 July 1997;26 years ago (1997-07-01)
Chief Judge of the High Court of Hong Kong
Traditional Chinese 香港高等法院首席法官

The Chief Judge of the High Court of Hong Kong (CJHC) is the head of the High Court of Hong Kong and the President of the Court of Appeal of Hong Kong. In the Hong Kong order of precedence, the Chief Judge is the second most senior administrative judge for the courts system, second only to the Chief Justice of the Court of Final Appeal of Hong Kong. [1] The position of Chief Judge is the broad equivalent of the Master of the Rolls in the courts system of England and Wales.

Contents

Jeremy Poon is the 5th and current Chief Judge of the High Court of Hong Kong, having taken up the post in December 2019. [2]

Background

The Chief Judge heads the High Court of Hong Kong, which deals with criminal and civil cases that have risen beyond the lower courts. While the High Court consists of the Court of Appeal and the Court of First Instance, the Chief Judge himself generally only presides over appellate cases in the Court of Appeal, usually together with two other Justices of Appeal. [3] The Chief Judge sits alone in the Court of First Instance to hear contested applications for the ad hoc admission of overseas counsel to the Hong Kong Bar. [4] [5]

In accordance with the Basic Law, the Chief Judge is appointed by the Chief Executive based on the recommendation of the Judicial Officers Recommendation Commission (JORC), and made official after receiving approval from the Legislative Council. The Chief Judge, along with the Chief Justice, is one of two positions in the Hong Kong Judiciary that has a nationality requirement (no dual nationality allowed).

Duties of the Chief Judge

The Chief Judge is the Court Leader of the High Court and the President of the Court of Appeal, and is responsible for ensuring the 'efficient utilisation of judicial resources and court time, for advising the Chief Justice on matters of policy concerning the operation and development of the High Court'. [6]

From a judicial stand point, the role of the Chief Judge is equivalent to a Justice of Appeal (but with a seniority ahead of both a Justice of Appeal or a Vice-President), and comes with significant additional administrative responsibilities. [7] This may lead to justices turning down the appointment; for example, after Andrew Cheung's promotion to the Court of Final Appeal, it was reported that the Chief Justice originally asked Johnson Lam to be Chief Judge. However, citing the increase in administrative responsibilities, he turned down this role, which ultimately went to Jeremy Poon. [8] Geoffrey Ma, when he was Chief Judge, stated that he spent "less than 50% of his time in court" as most of his time was consumed over administrative issues. [9] Former Hong Kong Bar Association chairman Ronny Tong SC also said of the post: "The job of the chief judge is mainly administrative and not much relating to giving judgments. So whether the candidate is conservative or not does not matter." [7]

The Chief Judge has the power to admit barristers and solicitors and for implementing Civil Justice Reform. Given the experience of balancing hearing appeals and administrative responsibilities, they are often seen as prime candidates for elevation to the role of Chief Justice.

Acting Chief Judge

During a period of absence, an Acting Chief Judge of the High Court is appointed 'until the vacancy therein is filled'. [10] In general, a Vice-President of the Court of Appeal is appointed as Acting Chief Judge of the High Court, while a Justice of Appeal may also be appointed during this period if necessary. [11] [12] [13]

Chief Judges of the High Court

№NameTenure startTenure endTenure lengthHigher educationPrevious judicial rolesReason for tenure endInner barAppointed by
1 Patrick Chan Siu-oi, GBM
陳兆愷
(born 1948; age 75)		1 July 199731 August 20003 years and 62 days University of Hong Kong (LLB, PCLL) District Judge (1987–91)
Deputy Registrar of the Supreme Court (1991–92)
Judge of the High Court of Justice (1992–97)		Appointed as Permanent Judge of the Court of Final Appeal (retired) Tung Chee-hwa
2 Arthur Leong Siu-chung, GBS
梁紹中
(1936–2010; aged 74)		1 January 200113 July 20032 years and 194 days City Law School District Judge (1982–91)
Judge of the High Court of Justice (1991–97)
Justice of Appeal of the Court of Appeal (1997–2000)		Retired
3 Geoffrey Ma Tao-li, GBM
馬道立
(born 1956; age 67)		14 July 200331 August 20107 years and 49 days University of Birmingham (LLB)
University of Law 		Recorder of the Court of First Instance (2000–01)
Judge of the Court of First Instance (2001–02)
Justice of Appeal of the Court of Appeal (2002–03)		Appointed as 2nd Chief Justice of the Court of Final Appeal (retired) QC (1993)
4 Andrew Cheung Kui-nung, GBM
張舉能
(born 1961; age 62)		20 June 201124 October 20187 years and 127 days University of Hong Kong (LLB, PCLL)
Harvard Law School (LLM)		 District Judge (2001–03)
Deputy High Court Judge (2001–03)
Judge of the Court of First Instance (2003–11)		Appointed as Permanent Judge of the Court of Final Appeal
(Later appointed 3rd Chief Justice of the Court of Final Appeal)		 Donald Tsang
5 Jeremy Poon Shiu-chor
潘兆初
(born 1962; age 61)		18 December 2019Incumbent3 years and 308 days University of Hong Kong (LLB, PCLL)
University College London (LLM)		 Permanent Magistrate (1993–99)
Deputy Registrar of the High Court (1999–2006)
Judge of the Court of First Instance (2006–15)
Justice of Appeal of the Court of Appeal (2015–19)		 Carrie Lam

For pre-1997 Chief Justices (equivalent to the present day Chief Judge of the High Court), see Chief Justice of the Supreme Court of Hong Kong

See also

Related Research Articles

<span class="mw-page-title-main">Court of Final Appeal (Hong Kong)</span> Final appellate court of Hong Kong

The Hong Kong Court of Final Appeal is the final appellate court of Hong Kong. It was established on 1 July 1997, upon the establishment of the Hong Kong Special Administrative Region, replacing the Judicial Committee of the Privy Council as the highest judicial institution under Hong Kong law. As defined in Articles 19 and 85 of the Basic Law of Hong Kong, the Court of Final Appeal "exercises judicial power in the Region independently and free from any interference." The Hong Kong Court of Final Appeal Ordinance and the Hong Kong Court of Final Appeal Rules set out the detailed functions and procedures of the court.

<span class="mw-page-title-main">Judiciary of Hong Kong</span> Law courts in the special administrative region of China

The Judiciary of the Hong Kong Special Administrative Region is the judicial branch of the Hong Kong Special Administrative Region. Under the Basic Law of Hong Kong, it exercises the judicial power of the Region and is independent of the executive and legislative branches of the Government. The courts in Hong Kong hear and adjudicate all prosecutions and civil disputes, including all public and private law matters.

<span class="mw-page-title-main">High Court (Hong Kong)</span> Superior court of record with unlimited civil and criminal jurisdiction in Hong Kong

The High Court of the Hong Kong Special Administrative Region is a part of the legal system of Hong Kong. It consists of the Court of Appeal and the Court of First Instance; it deals with criminal and civil cases which have risen beyond the lower courts. It is a superior court of record of unlimited civil and criminal jurisdiction. It was named the Supreme Court before 1997. Though previously named the Supreme Court, this Court has long been the local equivalent to the Senior Courts of England and Wales and has never been vested with the power of final adjudication.

<span class="mw-page-title-main">Court of Appeal (Hong Kong)</span>

<span class="mw-page-title-main">District Court (Hong Kong)</span>

The District Court is the intermediate court system in Hong Kong, having limited criminal and civil jurisdictions. The District Court was established in 1953 with the enactment of the District Court Ordinance. It is located in the Wanchai Law Courts, Wanchai Tower, 12 Harbour Road. In the past there were six district courts, namely Victoria, Kowloon, Fanling, Tsuen Wan, Tuen Mun and Sha Tin, before being amalgamated and moved to the same location in March 1991.

The Hong Kong order of precedence is a nominal and symbolic hierarchy of important positions within the Government of Hong Kong. Administered by the government's Protocol Division, the hierarchy does not determine the order of succession for the office of Chief Executive, which is instead specified by the Basic Law of Hong Kong.

A judicial commissioner is person appointed on a non-permanent basis to a judicial office. In some countries, such as Malaysia and Singapore, judicial commissioners have the powers of full judges. In other jurisdictions their powers are limited.

<span class="mw-page-title-main">Patrick Hodge, Lord Hodge</span> British judge

Patrick Stewart Hodge, Lord Hodge, PC is a British lawyer, currently serving as Deputy President of the Supreme Court of the United Kingdom.

<span class="mw-page-title-main">Geoffrey Ma</span> Hong Kong judge

Geoffrey Ma Tao-li is a retired Hong Kong judge who served as the 2nd Chief Justice of the Hong Kong Court of Final Appeal—the court of last resort in Hong Kong. Between 2001 and 2010, he held various positions in the High Court of Hong Kong, including Chief Judge, Justice of Appeal, and Judge of the Court of First Instance. Before his judicial career, he was a barrister-at-law in private practice at Temple Chambers, and was qualified to practice in England and Wales, Hong Kong, Australia and Singapore.

<span class="mw-page-title-main">Andrew Cheung</span>

Andrew Cheung Kui-nung is a Hong Kong judge who serves as the 3rd Chief Justice of the Court of Final Appeal. He previously served as a Permanent Judge of the same court. He was the 4th and longest-serving Chief Judge of the High Court.

Wally Yeung Chun-kuen is the Commissioner on Interception of Communications and Surveillance and a retired Hong Kong judge.

Johnson Lam Man-hon is a Permanent Judge of the Hong Kong Court of Final Appeal.

Ian Charles McWalters is Chairman of the Market Misconduct Tribunal and the Securities and Futures Appeals Tribunal in Hong Kong. He is a retired judge and former prosecutor.

The Honourable Mr Justice Jeremy Poon Shiu-chor (潘兆初) is the Chief Judge of the High Court of Hong Kong and President of the Court of Appeal of Hong Kong.

The Judicial Officers Recommendation Commission is a statutory body in Hong Kong responsible for advising and making recommendations to the Chief Executive on judicial appointments and related matters established after the Handover in accordance with the Judicial Officers Recommendation Commission Ordinance. According to Article 88 of the Basic Law, the Chief Executive shall appoint judges on the recommendation of the Commission, suggesting that she is not empowered to make appointments on her own accord.

The Permanent Judges of the Court of Final Appeal are full-time judges sitting on Hong Kong's final appellate court, the Court of Final Appeal. They are called Permanent Judges because they are required to sit on every appeal committee and court case relating to the Court of Final Appeal, and to distinguish them from other part-time jurists who also sit on the top court, known as Non-Permanent Judges.

Temple Chambers is a set of barristers' chambers based in Admiralty, Hong Kong. It is widely considered to be one of the leading sets of chambers in Hong Kong given its high ratio of senior counsel to juniors, as well as a strong history of appointments to key judicial and government roles.

Carlye Chu Fun-ling is a Hong Kong judge. She has served as a Vice President of the Court of Appeal of the High Court since November 2022.

Poon Siu-tung, also known as Tony Poon is a Hong Kong judge. He has served as a Judge of the Court of First Instance of the High Court since January 2019.

The vice presidents of the Court of Appeal of Hong Kong are senior justices of appeal who have been appointed by the chief judge of the High Court of Hong Kong to preside over certain divisions of the Court of Appeal. Originally, there were only two vice presidents, dealing with the criminal division and civil division respectively. This later grew to three to include a mixed division, and occasionally up to four to help ease the burden of workload on each vice president.

References

  1. ↑ "Department of Justice: Bilingual Laws Information System". www.legislation.gov.hk. Archived from the original on 16 October 2012. Retrieved 16 October 2016.
  2. ↑ "Appointment of the Chief Judge of the High Court". www.info.gov.hk.
  3. ↑ "About Us - List of Judges and Judicial Officers". www.judiciary.gov.hk. Archived from the original on 23 January 2010. Retrieved 16 October 2016.
  4. ↑ For example, Re Paul Girolami QC, HCMP3567/2016, reported at [2017] 1 HKLRD 1226
  5. ↑ "Bar Association fights appointment of British lawyer in Kwoks case".
  6. ↑ "Judicial Officers Recommendation Commissions Report 1997-2002" (PDF). Archived from the original (PDF) on 8 October 2010.
  7. 1 2 "Andrew Cheung named as new chief judge". Archived from the original on 20 December 2016.
  8. ↑ "潘兆初將任高院首席法官".
  9. ↑ "Alumnus profile: The Hon Chief Justice Geoffrey Ma". University of Birmingham. Archived from the original on 15 August 2020.
  10. ↑ High Court Ordinance (Cap. 4), Section 8
  11. ↑ "G.N.8071" Hong Kong Government Gazette (No. 43 Vol. 22, 26 October 2018)
  12. ↑ "Top judges cleared for appointment to Court of Final Appeal and High Court respectively". Government of Hong Kong. Archived from the original on 8 March 2020. Retrieved 8 March 2020. The office of CJHC became vacant on October 25, 2018 when the Honourable Mr Justice Andrew Cheung Kui-nung, who was the CJHC immediately prior to that date, assumed office as PJ of the CFA and vacated the office of CJHC on the same date. To meet essential operational needs, the Honourable Mr Justice Wally Yeung Chun-kuen, Vice-President and Justice of Appeal of the Court of Appeal of the High Court, acted in the office of CJHC for the period from October 25, 2018 to July 31, 2019. With effect from August 1, 2019, Mr Justice Poon, Justice of Appeal of the Court of Appeal of the High Court, has been acting in the office of CJHC until the CJHC vacancy is substantively filled.
  13. ↑ For example, HKSAR v Chan Chun Man, CACC216/2017
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.