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SCMP Editorial

The rule of law under an independent judiciary is an enduring pillar of the city’s success.
While independence is paramount, the courts cannot live by that alone.
To uphold the rule of law, there must be enough judges and magistrates to see that justice is delivered in timely fashion, and the bench must be able to attract quality candidates from the legal profession to serve in the judiciary.

These are real concerns, with a growing pay gap between judges and lawyers in private practice, and seven out of 34 High Court positions and 36 out of 109 magistrate positions unfilled as of March.
In a paper submitted to lawmakers, government officials have backed a proposal by the judiciary to raise the retirement ages of judges and magistrates. This could make a difference.
The disincentive of a pay cut to lawyers considering joining the bench is compounded by the fact they are not allowed to return to private practice after retiring as judges.
Extending their working life on the bench, in line with an international trend to higher retirement thresholds, would help compensate for that.
Under the proposal to address the manpower shortage, Hong Kong judges and magistrates will be allowed to serve until they are 70 and 65 respectively.
Let Hong Kong judges serve till 70, government plan says
As the current policy allows High Court judges to extend their terms for another five years at their discretion, the de facto retirement age for High Court judges and magistrates would be 75 and 70 years old respectively under the revised arrangement.
Permanent judges of the Court of Final Appeal are currently entitled to two, three-year extensions. District Court judges’ retirement age would remain at 65.

Supporting the judiciary’s plan, the government paper said it would enable the retention of senior judges, and attract experienced and quality private practitioners to join the bench.
An earlier consultancy study commissioned by the judiciary showed the pay gap between High Court judges and lawyers in the private sector widening from 42 per cent in 2010 to 60 per cent in 2015.
The changes would put Hong Kong on par with most common law jurisdictions.
The change is overdue and, hopefully, will be effective both in retaining senior judges and attracting talent to the bench.


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Hong Kong courts

Proposals to retain Hong Kong judges are welcome

Chief Justice of the Court of Final Appeal Geoffrey Ma Tao-li, 62, has called Hong Kong’s retirement requirements “outdated”. Photo: Sam Tsang/SCMP

epa06863080 A statue representing Justice is displayed on the Court of Final Appeal in Central district, Hong Kong, China, 04 July 2018. In a landmark ruling, Hong Kong’s top court ruled unanimously in favour of a lesbian expatriate, requiring the city’s Immigration Department to grant lifelong same-sex couples spousal visas just as it would for those who are married and heterosexual. The court's decision means the marriage status and civil union partnerships of same-sex couples will be recognised in Hong Kong for the specific purpose of a dependant visa. EPA-EFE/JEROME FAVRE

Secretary of justice Teresa Cheng attends the opening of the legal year at City Hall Hong Kong in Monday, Jan. 8, 2018. (AP Photo/Vincent Yu)

Let Hong Kong judges serve till 70 years old and magistrates till 65, government says in Legco plan

Judiciary proposals targeting manpower shortage in city’s courts could be passed within legislative year

Lord David Neuberger, President of Britain's Supreme Court and non-permanent judge of Hong Kong's Court of Final Appeal, delivers a speech at FCC at Central. 26AUG14

General view of The High Court in Admiralty. 14APR14    SCMP / Felix Wong

Under the plan, judges serving on Hong Kong’s Court of Final Appeal would not need to retire until 70. Photo: Sam Tsang

Opinion

Comment

To uphold the rule of law, there must be sufficient numbers of those with legal experience to ensure justice is served and incentives to attract new talent
