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  • Nov 29, 2014
  • Updated: 10:53am
My Take
PUBLISHED : Wednesday, 28 November, 2012, 12:00am
UPDATED : Wednesday, 28 November, 2012, 4:50am

Only one verdict on foreign judges

It's debatable whether Hong Kong will survive or become just another Chinese city if we don't bend over backwards to attract talented expats. But there is one area in which the presence of foreign expertise has been a pillar of our city: the judiciary.

Ten out of the 15 non-permanent judges of the Court of Final Appeal come from other common law jurisdictions. And that's a good thing.

Two legal heavyweights have recently floated the idea of appointing only Chinese nationals to the top court: Cheng Jie, a Tsinghua University associate law professor and former researcher for the Basic Law Committee, and Alan Hoo, chairman of the Basic Law Institute. It's understandable that countries want to keep their most important official posts, whether in the judiciary or other branches of government, to their own citizens. That's not particular to China, but most countries. It has to do with national security, but also pride.

But Hong Kong is in a unique place. Our courts still run on common law. It therefore makes sense to avail ourselves of other common law judges - regardless of their citizenship - with the experience, expertise and perhaps more importantly, the appearance of greater impartiality to inspire trust in our legal system. Like it or not, the presence of foreign judges helps achieve all those goals.

If after 2047 our legal system reverts to the mainland's, there is no question that we can - and may have to - fill up the top court with only Chinese judges, just like the US has only Americans on its Supreme Court.

Hiring foreigners to fill important official posts can be a sign of confidence, not weakness. The British government has just announced the appointment of Canadian Mark Carney as governor of the Bank of England, a first in this centuries-old institution. The American economist Stanley Fischer has been running Israel's central bank as its governor since 2005. Yes, central banking is not the judiciary. But there are similarities.

The techniques of monetary policy are the same for central banks everywhere; and the principles of common law are applicable to all jurisdictions that have adopted it. We should welcome foreign judges, not kick them out.

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ianson
As Hong Kong sits under the thumb of ultra-powerful Beijing comrades, heavyweight legal minds from far and wide are a vital pillar of our two systems status. Lose them and our courts will be stacked with Party sympathisers and all resistance to the northern invasion will fall away. Bye, bye rule of law.
caractacus
Correct Alex. One further point: If all the judges were Chinese this raises the question of how long it will be until those who appoint the judges start to choose the incompetent for their loyalty to the establishment rather than for ability or integrity. The judiciary would become like Donald Tsang's Exco!
mymak
What do you mean 'if the judges were Chinese'? Think about where you are. Think!
mswcm
Oops.
deerlai
I cannot find any countries (except HK of China) appointing foreigners as their top judges.
megafun
most commonwealth countries........
deerlai
I find this topic interesting. So I search Wiki and find that in Canada, "Appointments to the Supreme Court of Canada are subject to the legal requirement that three judges must be appointed from Quebec; by convention, the other 6 are appointed from Ontario (3), Western Canada (2), and Atlantic Canada (1). "
And I also find that In Australia, all Chief Judges are Australian.
mymak
And of course the English FA have been appointing managers of England from overseas for years (until recently) because they better understand the 'successful' Europeans. By-the-way Alex, where's your comments on CY's illegal structures? You were very vocal in hammering Henry T during the election campaign, but surprisingly reticent now.
 
 
 
 
 

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