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Legal world pays tribute to outgoing HK chief justice

Some of the most eminent judges and lawyers in the common law world paid tribute to the legacy of outgoing Chief Justice Andrew Li Kwok-nang yesterday, for having succeeded in building a judiciary internationally recognised for its quality of law.

In the opening address for the University of Hong Kong conference entitled, Hong Kong's Court of Final Appeal: The Andrew Li Court 1997-2010, which was attended by Li, Sir Anthony Mason, a former Australian chief justice, said he wanted to pay tribute to Li and remark on two aspects of his 'many qualities'.

'He has been an outstanding chief justice,' Mason said. 'Hong Kong has been singularly fortunate to find somebody of his capacity to rise to the challenge of heading a common law court system in a unique and unusual environment.'

Other appeal court judges, Roberto Ribeiro, Kemal Bokhary, and Patrick Chan Siu-oi were also present, as were non-permanent judges of the Court of Final Appeal, local judges and senior lawyers.

Mason, a non-permanent judge in the Hong Kong Court of Final Appeal who presided over most constitutional cases since 1997, revealed some of Li's work in shaping the success of the court behind the scenes. In particular, he praised 'his sense of strategic vision and his capacity to take the long view - qualities which are generally associated with great chief justices'.

He described Li as a true leader in achieving consensus within the court. 'He instituted a system of judicial conferencing that has been a prominent feature of the court's work. He has led discussion and ensured that all relevant questions had been fully considered and resolved by members of the court. In those respects, his performance has borne remarkable fruit.'

Last year, Li announced his early retirement and plans to step down at the end of August this year after 13 years in the role to achieve 'orderly succession planning'. A Judicial Officers Recommendation Commission, headed by the chief justice, is assessing candidates for Li's role, and is expected to make a recommendation to the chief executive this month.

Mason also noted that it was the Hong Kong Court that pioneered new thinking on free expression, defamation and fair comment.

Mason's presence in the city and his contribution to Hong Kong law is often cited as another of Li's 'greatest achievements'.

A major concern over the dawn of the new court as the resumption of Chinese sovereignty loomed was whether Hong Kong would be able to maintain its links with other common law jurisdictions.

But under Li, the list of foreign non-permanent judges now includes respected former law lords and former chief justices like Mason himself.

Dean of the University of Hong Kong law faculty, Johannes Chan Man-mun, said one of the major challenges of the court at first was to build a reputation to earn recognition and credibility within the common law jurisdiction. Under Li, 'we have met that challenge successfully', he said.

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