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.
A number of serving and retired Hong Kong High Court Judges are appointed by the Sultan to sit as Supreme Court Judges and Judicial Commissioners in Brunei. For example, while Mr Justice Rogers served as Vice President of the Hong Kong Court of Appeal, he also sat as a non-resident Judicial Commissioner of the Supreme Court of Brunei Darussalam between 2010 and 2011. [1] [2] As of 2020, three retired Hong Kong High Court Judges sit as Judges of the Court of Appeal of Brunei Darussalam (Mr Justice Burrell, who is the President of the Brunei Court of Appeal, and Mr Justice Seagroatt and Mr Justice Lunn, who are Justices of Appeal); two retired Hong Kong High Court Judges sit as Judicial Commissioners of the Supreme Court of Brunei Darussalam (Mr Justice Findlay and Mr Justice Lugar-Mawson). [3] Further, another retired Hong Kong Judge, Edward Woolley, who previously served as Registrar of the Court of Final Appeal, Deputy High Court Judge and High Court Master, [4] [5] sits as a Judicial Commissioner of the Supreme Court of Brunei Darussalam. [6] Justice Kannan Ramesh of the Supreme Court of Singapore also sits as a Judicial Commissioner of the Supreme Court of Brunei Darussalam. [7] [8]
In 1983, the position of Commissioner of the High Court was re-named as Deputy Judge of the High Court. [9]
In Malaysia judicial commissioners are appointed for a term of two years.
In Singapore, judicial commissioners are appointed to the Supreme Court by the president of Singapore on the advice of the prime minister of Singapore, and have the powers of a judge. [10]
People may be appointed a judicial commissioner after being a "qualified person" within the meaning of Section 2 of the Legal Profession Act and/or a member of the Singapore Legal Service for at least ten years. [11] The appointment is for a specific period which is determined by the president of Singapore.
Many judicial commissioners went on to become judges of the Supreme Court, such as Andrew Phang Boon Leong, Belinda Ang Saw Ean, Tan Lee Meng and V. K. Rajah.
Superior court commissioners are subordinate judicial officers who are appointed by, and serve at the pleasure of, the superior court judges. [12]
In Tennessee, judicial commissioners may be appointed at a county level to handle minor criminal matters. [13]
Similarly, in Wisconsin, a court commissioner is an attorney appointed by a county's circuit court judges to handle small claims, preliminary criminal proceedings, and family court cases. [14]
The Government of Brunei is the union government created by the constitution of Brunei where by the Sultan of Brunei is both head of state and head of government. Executive power is exercised by the government. Brunei has a legislative council with 36 appointed members, that only has consultative tasks. Under Brunei's 1959 constitution, His Majesty Hassanal Bolkiah, is the head of state with full executive authority, including emergency powers since 1962. The Sultan's role is enshrined in the national philosophy known as "Melayu Islam Beraja" (MIB), or Malay Islamic Monarchy. The country has been under hypothetical martial law since a rebellion occurred in the early 1960s and was put down by British troops from Singapore. The Seat of the Government is located in Bandar Seri Begawan, Brunei.
Sir Noel Plunkett Power, was a senior judge in Hong Kong and Brunei Darussalam. He had been a barrister-at-law in his home-country Australia when he joined the judiciary of Hong Kong in 1965 as a magistrate in the Lands Tribunal. Since then, he had been successively promoted as President of the Lands Tribunal, a puisne judge of the Supreme Court and Vice-President of the Court of Appeal. In 1996, he became acting Chief Justice of the Supreme Court when Sir Ti-liang Yang resigned and contested for the first ever election of the Chief Executive. After the transfer of sovereignty over Hong Kong from Britain to People's Republic of China in 1997, he was appointed Vice-President of the Court of Appeal of the High Court. He retired from the High Court in 1999 but remained as a non-permanent judge of the Court of Final Appeal.
Henry Denis Litton CBE, GBM SC is a retired judge in 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.
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.
The Supreme Court of the United Kingdom is the final court of appeal in the United Kingdom for all civil cases, and for criminal cases originating in England, Wales and Northern Ireland. As the United Kingdom's highest appellate court for these matters, it hears cases of the greatest public or constitutional importance affecting the whole population.
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.
The Court of Appeal of the High Court of Hong Kong is the second most senior court in the Hong Kong legal system. It deals with appeals on all civil and criminal cases from the Court of First Instance and the District Court. It is one of two courts that makes up the High Court of Hong Kong. Sometimes criminal appeals from Magistrates' Courts with general public importance are also dealt with in the Court of Appeal, either by referral by a single judge from the Court of First Instance, or upon granting of leave on application for review by the Secretary for Justice.
Under the Constitution of Singapore, the judicial system of Singapore is divided into the Supreme Court which comprises the Court of Appeal and the High Court, and the subordinate courts, namely the State Courts and Family Justice Courts.
Sir Denys Tudor Emil Roberts was a British colonial official and judge. Joining the colonial civil service as a Crown Counsel in Nyasaland in 1953, he became Attorney General of Gibraltar in 1960. In 1962, he was posted to Hong Kong as Solicitor-General, and was successively promoted to Attorney-General in 1966, Colonial Secretary/Chief Secretary in 1973 and Chief Justice in 1979. He was the first and only Attorney-General to become both Colonial Secretary in Hong Kong. Never having been a judge before, he was appointed as Chief Justice of the Supreme Court in 1979 and was the first and only Colonial Secretary of Hong Kong to receive such appointment.
There are various levels of judiciary in England and Wales—different types of courts have different styles of judges. They also form a strict hierarchy of importance, in line with the order of the courts in which they sit, so that judges of the Court of Appeal of England and Wales are given more weight than district judges sitting in county courts and magistrates' courts. On 1 April 2020 there were 3,174 judges in post in England and Wales. Some judges with United Kingdom-wide jurisdiction also sit in England and Wales, particularly Justices of the United Kingdom Supreme Court and members of the tribunals judiciary.
The judicial officers of the Republic of Singapore work in the Supreme Court and the State Courts to hear and determine disputes between litigants in civil cases and, in criminal matters, to determine the liability of accused persons and their sentences if they are convicted.
John Barry Mortimer, GBS, SPMB, OBE, QC is a British barrister who has held senior judicial appointments in Hong Kong and Brunei Darussalam.
Sir Alan Armstrong Huggins was a British colonial judge serving in places including Uganda, Hong Kong and Brunei. He spent nearly 40 years in the judiciary of Hong Kong, serving as a Vice-President of the Court of Appeal from 1980 to 1987. After the transfer of sovereignty over Hong Kong in 1997, he was appointed a non-permanent Hong Kong judge of the Court of Final Appeal until 2003.
Michael Victor Lunn, GBS, KC, SC is a senior judge. He is Chairman of the Market Misconduct Tribunal and the Securities and Futures Appeals Tribunal in Hong Kong.
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. The position of Chief Judge is the broad equivalent of the Master of the Rolls in the courts system of England and Wales.
Sir Derek Cons is a retired British colonial judge who was one of the three Vice-Presidents of the Court of Appeal of the Supreme Court of Hong Kong from 1986 to 1993.
The Supreme Court of Brunei Darussalam is the highest court of Brunei Darussalam, though its decisions are subject to appeal in civil cases to the Judicial Committee of the Privy Council. The Chief Justice and other Judges of the Supreme Court are appointed by the Sultan of Brunei to sit in judgment of the most acrimonious contentions in the country.
Steven Chong Wan Oon is a Brunei magistrate who was appointed chief justice of the Supreme Court of Brunei Darussalam in 2018.
James Kerr Findlay was a Scottish magistrate who was appointed as the visiting judge and judicial commissioner of the Supreme Court of Brunei Darussalam from 2001 to 2022. In addition, he has held several positions in the Hong Kong Attorney General's Chambers.