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The good judge

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Why you can trust SCMP
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The announcement that Chief Justice Andrew Li Kwok-nang would resign in a year's time was almost a bombshell, because it was totally unexpected. He explained his decision philosophically by quoting the Bible, saying: 'There is a time for everything and there is a season for every activity under heaven'. But why next year, people still wonder, even though he denies there are any political or health reasons.

There are no grounds, though, for any speculation. Public attention should now focus on the succession issue and how to maintain the vibrancy of the judiciary.

Li took over as chief justice upon the establishment of the special administrative region. Under his leadership, the judiciary has enjoyed higher credibility than the government, the legislature, political parties and even the mass media. Judging from the overwhelming praise accorded to him by all sectors of society and across the political spectrum, there is no doubt that he has inspired immense public trust and confidence with his firm commitment to legal principles and the independence of the judiciary, and his great passion for Hong Kong.

He epitomises a strong judiciary that has come of age and grown into a sustainable system supported by a competent legal profession. Irrespective of what some mainland academics or officials say, Hong Kong practises the 'separation of powers'. To many in the community and in business, the rule of law is one of the defining pillars of the Hong Kong system under 'one country'.

Amid major Chinese cities aspiring to be world class, only Hong Kong matches the standing of global metropolises like London and New York, thanks partly to its rule of law and judicial independence. For ordinary people, the judiciary provides an effective check on administrative abuse or unreasonable decisions.

Indeed, the Basic Law accords a broader interpretation of judicial review than that under common law, conferring citizens the right to institute legal proceedings against any acts of the executive authorities.

Since the handover, social groups and politicians have increasingly used the courts as the new arena to force the government to delay or overturn policy, or to enhance their position in political bargaining. Some worry the political battle has now been taken to the courtroom, but Hong Kong is not alone among common-law jurisdictions in confronting a rising number of judicial review cases.

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