Overworked justice system at risk
Dennis Kwok says overworked judges and a backlog of cases are affecting the quality of justice in Hong Kong, prompting the need for additional resources and support for the judiciary
Hong Kong's rule of law depends on the quality of our independent judiciary. It is the key contributor to the city's competitiveness and success under "one country, two systems". The lack of adequate resources and support, coupled with the recent spate of judicial vacancies and imminent retirements, has threatened the judiciary, access to justice and the state of our rule of law.
The average waiting time for cases, from filing to judicial hearing, has increased significantly in recent years. Civil matters in the Court of Appeal now wait an average of 131 days, an increase of 54 per cent since 2008 and in excess of the judiciary's 90-day target. The criminal cases list has an average waiting time of 180 days, exceeding the judiciary's 120-day target and an increase of 61 per cent since 2008. The civil cases list has an average waiting time of 244 days, exceeding the judiciary's 180-day target and an increase of 68 per cent since 2008.
Increased average waiting times only partially convey the severity of the current predicament. After queuing for a hearing, litigants have to then wait, sometimes for many months, before judgments can be delivered.
Judges’ workloads are now reported to be so daunting that some have to work through their annual leave
Judges' workloads are now reported to be so daunting that some have to work through their annual leave. Inevitably, the quality of some judicial decisions suffers as a result of overwork. The heavy workload has also partially contributed to difficulties in the retention and recruitment of judges from the private sector.
Nearly half of the judges on the Court of Final Appeal, Court of Appeal and Court of First Instance are aged over 60 and will reach statutory retirement age within the next five years.
The judiciary administrator, which is in charge of requesting funds on behalf of the judiciary from the government budget, has to be ever more responsive to the current difficulties and needs. From our perspective in the Legislative Council, the financial resources sought by the judiciary administrator in recent years have not kept pace with the needs of Hong Kong's courts and tribunals.
Substantial additional funding is necessary to maintain the consistent provision of services proportionate to ever-increasing caseloads.
As in other jurisdictions, judges are key to the operation of the judiciary and should play a leading role in its governance and financing, including the annual budgeting process.