The posts of chief justice and chief judge should be taken by two different people according to the Basic Law, Secretary for Justice-designate Elsie Leung Oi-sie said.
Her comments followed reports Chief Executive-designate Tung Chee-hwa would like Executive Councillor Andrew Li Kwok-nang QC, recommended as the post-handover chief justice, to take up the chief judge post as well.
Ms Leung said she had not heard of such an idea.
'This is not determined by Mr Tung, and the Judicial Officers' Recommendation Commission has yet to discuss this,' she said. Ms Leung, a member of the commission, disputed that Mr Li should be chief judge.
'The Basic Law has stated there would be two such posts and I understand they should be taken up by two people.' She said the posts had different responsibilities.
A Judiciary spokesman said the chief justice of the Court of Final Appeal would be charged with the administration of the Judiciary and other statutory functions presently performed by the chief justice.
