Politics must be kept out of the appointment of senior judges
Some legislators have spoken out against the appointment of two foreign judges to the Court of Final Appeal because of a belief that they support same-sex rights. But judicial candidates should be judged purely on their ability, experience and character and not on their perceived political views
The appointment of senior judges is a serious matter which requires a fair and objective system based purely on merit. It is extremely important to keep politics out of that process.
This is one of the ways in which Hong Kong’s highly valued judicial independence is maintained. Suggestions that pro-establishment lawmakers might seek to block the appointment of two esteemed foreign judges recruited for the city’s Court of Final Appeal (CFA) have, therefore, raised concerns. Thankfully, it seems, the legislators do not intend to go that far.
Some of them spoke out against the appointments because they believe the two judges support same-sex rights. This appears to be based on rulings they delivered in their home countries.
Baroness Brenda Hale has ruled in high-profile discrimination cases in Britain and Beverley McLachlin has done so in Canada.
But that does not mean they are unfit to sit as part-time judges in Hong Kong’s top court. There should be no politicising of the judicial appointment process.