Hong Kong must maintain a strong and respected judiciary
A shortage of judges is threatening our high legal standards, and efforts must be made to attract and maintain talent
A highly skilled and impartial judiciary lies at the heart of Hong Kong’s rule of law. The threat of a manpower crisis among our city’s judges is, therefore, a concern. Last week, the government endorsed a significant pay rise for judges. They are already among the best paid in the world. But the raise was needed to bring their pay closer to that of lawyers of similar experience. It is a step which, hopefully, will help efforts to find suitable recruits. Nine out of 34 Court of First Instance posts were vacant in mid-November. Only 162 of the total 200 judicial posts were filled as of March. And 28 of our existing judges will reach retirement age in 2019. If the manpower problem is not resolved, it will become difficult to maintain high standards.
The increase in pay of 6 per cent for judges at the High Court and above, and 4 per cent for those below, plus an increase of 4.85 per cent for all judges backdated to April, make a position on the bench more attractive. Improvements in other benefits for judges, such as allowances for housing and education, also help. A benchmark study conducted last year revealed a striking 60 per cent gap between the pay of Court of First Instance judges and lawyers who are senior counsel. For these judges, the shortfall has risen sharply over the last five years. It is important to ensure that the pay gap between judges and lawyers does not become too big. Judges are not permitted to return to their lucrative jobs as lawyers when they retire. The financial package on offer must be sufficiently attractive to persuade good candidates to make such a commitment.
