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Law Society president Thomas So backs a proposal to raise the retirement age for judges. Photo: Edmond So

Hong Kong judiciary considers raising retirement age for judges by five years to 70

The move follows pay rises for judges as the sector faces competition from the better paid private sector and retirement

The judiciary is exploring a proposal to push back the retirement age for judges from 65 to 70 in a bid to tackle the persistent manpower shortage in local courts and an increasing brain drain exacerbated by a greying bench, the Post has learned.

The effort coincides with a suggestion to tap the talent pool of the city’s prosecutors’ office to attract those eyeing a career change as they are more likely to switch over than private lawyers, who could be put off by a huge pay cut.

A spokesman for the judiciary said: “ The judiciary has engaged a consultant to carry out a consultancy study to review the statutory retirement ages of judges and judicial officers, and to collect views from stakeholders.”

The study is expected to be completed in the first quarter of next year, and if adopted, would make the retirement age for judges one of the oldest among all government posts. The retirement age for newly recruited civil servants has been increased to 65, while those working in the disciplined services have to leave at 60.

This came two weeks after the Executive Council approved a proposal to offer judges of all rankstwo pay rises plus extra allowances. It was an attempt to close the ever-expanding pay gap between judges and legal practitioners, which has been a major concern for the latter in contemplating a job in the judiciary.

The December 7 announcement revealed a bleak reality as a Court of First Instance judge in 2015 earned 60 per cent less than a private-practice senior counsel with the same experience. The pay gap was only 43 per cent about a decade ago.

The judiciary has since 2012 increased the number of recruitment exercises for Court of First Instance judges, but to no avail. These judges, who earnabout HK$255,000 a month, remain the hardest to recruit, the judiciary said recently.

Industry insiders say those in private practice can charge clients tens of millions of dollars per annum.

Until March 1, only 162 out of 200 court posts were filled on a permanent basis, which is seven down from a year earlier due to retirement – another deterrent for lawyers.

People can still be very smart and capable in their 70s
Thomas So, Law Society president

Although retired judges are entitled to pensions, thoseabove the District Court level are barred from returning to private practice after stepping down from the bench at65. Their counterparts in the private sector can work for as long as they want.

Law Society president Thomas So Shiu-tsung said he supported raising the retirement age and increasing judicial salaries.

So,a solicitor who has also been a deputy judge, said he would consider joining the bench later in his career. “From 65 to 70, for some people it makes no difference. People can still be very smart and capable in their 70s.”

Bar Association president Winnie Tam Wan-chi SC also gave her support to the idea of postponing retirement for judges, writing a column in Chinese-language newspaper Ming Pao asserting that, for many senior counsel who decide to make the switch, it would be a “point of no return”.

Bar Association president Winnie Tam Wan-chi SC in Central in September. Photo: Xiaomei Chen

But a veteran barrister, who preferred to remain anonymous, suggested that the extended retirement age be made discretionary rather than mandatory.

Former Director of Public Prosecutions Grenville Cross noted while a pay cut may deter private counsel from joining the bench, the terms and conditions were actually very attractive to Department of Justice prosecutors, who are already committed to the government.

“These tend to get better by the year, and a move to the judiciary is viewed as a logical career move,” said Cross, who almost joined the High Court in the 1990s. But he said he was too much in love with his advocacy work as a prosecutor to make the switch.

Grenville Cross in Admiralty in August. Photo: Jonathan Wong

He said it would help if the judiciary could take advantage of the prosecutors’ talent pool, especially because the retirement age for prosecutors is 60, while that for judges is 65.

Other senior lawyers the Post spoke to raised other concerns. For instance, judges, especially those above Court of First Instance level, are so overloaded with work these days that they hardly have time to write judgments – a job aspect widely considered by many as a primary source of job satisfaction and a way to contribute to the development of the common law.

This article appeared in the South China Morning Post print edition as: judges may be allowed to serve for five more years
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