Legal Group Heads Say Foreign Judges Should Stay

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2022-04-02 HKT 13:24

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  • The heads of the legal bodies said the profession wants the foreign judge system to continue. File photo: RTHK

    The heads of the legal bodies said the profession wants the foreign judge system to continue. File photo: RTHK

The heads of the Bar Association and Law Society said on Saturday that Hong Kong should continue to invite foreign judges to sit on its top court.

The recent resignation of UK Supreme Court president Robert Reed and judge Patrick Hodge from the Hong Kong Court of Final Appeal have prompted some, including executive councillor Ronny Tong, to question whether it's time to consider role of non-permanent judges from other common-law jurisdictions.

Hong Kong should think about whether there should still be foreign judges on its highest court, Tong said when the resignations were announced on Wednesday.

But speaking on a radio programme on Saturday, the Bar's Victor Dawes and Chan Chak-ming, who leads the solicitors' body, said the impact of the departure of two senior British justices would be limited, given that the remaining overseas judges say they will stay.

Dawes also said the legal profession wants the system to continue.

"We are an international finance centre. We're also an international dispute resolution centre," he said

"We have a common law system, and the presence of these top judges, top jurists from other common law jurisdictions is of course beneficial and important to the development of our legal system, our laws and the administration of justice in Hong Kong.

"I think the overwhelming view of the legal profession is that the current system ought to continue."

Chan also said the current system is beneficial to the protection of human rights and liberties in Hong Kong, and he welcomes more high-quality judges from overseas to come and serve in Hong Kong.

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