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Stuart Lau


Hong Kong’s next chief executive will have the job of appointing a new chief justice with incumbent Geoffrey Ma Tao-li set to reach retirement age in four years.
Ma, who is seven years into his job, will turn 65 in 2021 – the penultimate year of the incoming administration. The head of the judiciary, however, has yet to drop any hints regarding his retirement plans.
While it would be legally possible for the chief executive to extend his tenure for three to six years, a source close to the judiciary said it would be “highly unlikely” for Ma to do so, given his predecessor Andrew Li Kwok-nang stepped down at age 62.
It is vital to uphold the rule of law and respect for the judiciary
“I would not be surprised if Ma simply steps down by 65,” the source said.
“That way, he can ensure the best succession for Hong Kong’s legal future, especially as half of the Chinese promise of 50 years without change will have been reached by around 2021.”
A spokeswoman for the judiciary declined to comment.


Unlike the US system in which the president nominates Supreme Court judges before the candidates face a senate committee, Hong Kong’s chief executive must first consider suggestions from the Judicial Officers Recommendation Commission.
He or she will then have to obtain the Legislative Council’s endorsement, according to Article 90 of the Basic Law.
Whether Ma will be bound by the benchmark of 65 also depends on the progress of the judiciary’s plan to extend judges’ retirement age.
It is understood that Court of Final Appeal judges will be allowed to stay on until 70. Although Ma, like his predecessor, could opt to quit prematurely to make way for his successor.
Hong Kong legal heavyweights warn against Beijing interpretations of Basic Law
Before Ma rose to the top of the Court of Final Appeal, he was chief judge of the High Court. This makes current Chief Judge of the High Court Andrew Cheung Kui-nung his possible successor.
However, Cheung’s age could pose a barrier to such a promotion, as he is just five years younger than Ma and will have turned 60 by 2021.
Another possible path is to promote one of the three permanent judges in the top court.
“The chief justice should be a person of impeccable integrity who commands the respect of not only the legal fraternity, but also the community at large,” chief executive candidate Woo Kwok-hing, who was the High Court’s vice-president before retirement, said.
“His commitment in upholding the rule of law in [Hong Kong] should be total.
“The incumbent chief justice has lived up to these expectations. He deserves to have his term of office extended,” Woo added.
Fellow chief executive contenders Carrie Lam Cheng Yuet-ngor and John Tsang Chun-wah declined to comment. New People’s Party chairwoman Regina Ip Lau Suk-yee did not respond to inquiries.


Next Hong Kong chief executive set to name new chief justice

Chief Justice Geoffrey Ma inspects a guard of honour at the opening of the legal year in January. Photo: Sam Tsang

The Chief Executive, Leung Chun Ying, to deliver opening remarks at Policy Address forum on innovation and technology organised by Hong Kong Federation of Youth Groups at M21, Shek Pai Wan Shopping Centre, Aberdeen. 20JAN16 SCMP/David Wong

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Incumbent Geoffrey Ma set to reach retirement age of 65 in 2021, although he could stay on for another three to six years; sources say this is unlikely


Next Hong Kong chief executive set to name new chief justice

.css-1c6uqr6{color:inherit;font-weight:inherit;font-size:inherit;font-family:inherit;line-height:inherit;overflow-wrap:break-word;}Incumbent Geoffrey Ma set to reach retirement age of 65 in 2021, although he could stay on for another three to six years; sources say this is unlikely

Incumbent Geoffrey Ma set to reach retirement age of 65 in 2021, although he could stay on for another three to six years; sources say this is unlikely