Next chief justice will face further pressure in divided society
- Whoever follows Geoffrey Ma Tao-li when he retires in 2021 must ensure the judiciary maintains the highest standards and true independence at a time of daunting challenges
Hong Kong’s judiciary is set to undergo its second leadership change under Chinese rule. Chief Justice Geoffrey Ma Tao-li, who succeeded Andrew Li Kwok-nang nine years ago, will retire in January 2021. The departure has inevitably raised concerns over the future of the judiciary, especially when it is facing unprecedented challenges. It is important that it maintains the highest standards and true independence.
Ma has upheld the rule of law and the integrity of the courts in an increasingly difficult environment amid mounting criticism and pressure from different sources. The decisions made by judges are also subject to closer public scrutiny than before, as shown in the convictions of Occupy protest leaders and the disqualification of democratically elected lawmakers in recent years. The nature of the cases means the outcome may not always be well received, but there is no evidence to suggest the rule of law has been compromised.
Judiciary confirms retirement of Chief Justice Geoffrey Ma in 2021
There is still another year before Ma retires, but the procedures to name his successor are in place. The same process took place when his predecessor retired in 2010. Overseen by the Judicial Officers Recommendation Committee, the mechanism is fair and free from politics. We trust the process will be the same this time.
The incoming chief justice is facing daunting challenges. As of March, only 156 of the 218 judicial posts were substantively filled, a decrease of eight from last year. About 10 officers are expected to retire in 2019-20, rising to 13 the following year before easing to 10 in 2021-22. A bill to extend the retirement age for judges is expected to bring some relief to manpower shortages. But the pay gap with the lucrative private legal sector continues to be a disincentive for recruitment. While it is often said that there is more to public service than just making money, it would be a problem if the judiciary is unable to attract top candidates from the private sector.
The judiciary has long commanded the highest respect and trust among the three branches of government, and with good reason. With the executive and the legislative arms often at loggerheads and becoming dysfunctional, the role of the judiciary as the ultimate guardian of justice has become even more important. The pressure from different sides is likely to increase as society becomes more politicised and divided. This will put our judges further to the test.
