bodyType

customContents

entityId

entityUuid

articlePageQuery

filter

article

articleBaseAdvertisingInfoArticle

articleListArticle

articleSeoArticle

helpersCheckIsPostiesArticle

hooksArticleAcknowledgementGateOverlayArticle

hooksTrackPageViewArticle

hooksContentInterestArticle

articleLinkingDataContent

hooksAmpRedirectArticle

articleSchemaContent

liveArticle

advertZone

sentiment

contentLock

topics

types

sections

moreOnThisArticles

urlAlias

commentCount

authorLocations

authors

paywallTypes

corrections

sponsorType

displaySlideShow

multimediaEmbed

printHeadline

seriesContainer

socialHeadline

headline

flag

firstTopic

glossary

flattenTypeIds

publishedDate

additionalInfoBoxes

images

image

relatedLinks

relatedNewsletters

__typename

createdDate

sponsor

pdfFiles

seriesReverseOrder

series

disableOffPlatformContent

published

updatedDate

summary

subHeadline

body

keywords

readingTime

customTimezone

liveContents

SCMP Reporter

The Judiciary and the legal professions should be consulted on how the provisional legislature will vet future senior judges, its president Rita Fan Hsu Lai-tai said yesterday.

Mrs Fan, in the first comments on how the provisional legislature would perform its sensitive task of approving the appointments of the Chief Justice and judges of the Court of Final Appeal, said she believed council members would want to hear other opinions.

Under the Basic Law, the Legislative Council must 'endorse the appointment and removal of the judges of the Court of Final Appeal and the Chief Judge of the High Court'.

However, the legislator representing legal professionals, Margaret Ng Ngoi-yee, said she found the idea of the unelected legislature vetting judges 'absurd'.

  Some lawyers fear the council could call on judges to explain their views on controversial legal issues such as the legality of the Provisional Legislature and the Bill of Rights.

Asked about the possibility of calling judges to council hearings, Mrs Fan made no comment.

But, she said, after consultation it might be possible for members to reach 'consensus on the procedure'.

'As this is a decision for the whole council, I am sure you will understand that I cannot say anything further at this point of time,' Mrs Fan said.

Bar Council vice-chairman Lawrence Lok Ying-kam QC said he personally hoped the provisional legislature's role in judicial appointments would be as limited as possible, and that it should do nothing at all until after the change of sovereignty.

'Why should a body that is not fully recognised as lawful be given the power to veto judges?' he said.

The legislature will only vet the most senior appointments. The provision in the Basic Law was drafted when it was believed a democratic legislative council would be the only check on executive power. Editorial - Page 16 



Judiciary and legal profession 'should give views on judges'