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Hong KongLaw and Crime

Criticism over judges’ nationality unhelpful and disappointing, expatriate judge in Hong Kong says

Mr Justice Jonathan Harris believes such attacks could discourage law practitioners from joining city’s judiciary

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The role of foreign judges became the subject of debate in February after District Court judge David Dufton jailed seven local policemen for assaulting a protester during the Occupy demonstrations in 2014. Photo: Edward Wong
Chris LauandNg Kang-chung

A serving expatriate judge has hit back at recent criticism against non-Chinese members of Hong Kong’s judiciary, warning that such “unhelpful and disappointing” attacks could discourage future generations from joining the bench.

Mr Justice Jonathan Harris, who moved from London to Hong Kong some 34 years ago, warned that there might not be any foreign judges left at the High Court in as little as five years, as their numbers were already dwindling.

His remarks came in an interview with Hong Kong Lawyer, the Law Society’s official monthly journal.

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The Court of First Instance judge, who specialises in commercial cases, also spoke at length about the city’s lack of clear provisions for assistance to corporations seeking restructuring. Hong Kong could lose out to jurisdictions it was lagging behind, such as the US and UK, he said.

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He added that it came at a time when it was commonplace for mainland companies to list in Hong Kong, and that would inevitably lead to financial issues. With mainland officials looking overseas for inspiration to improve China’s bankruptcy, he said, “it would make sense” for Hong Kong to contemplate its role.

Mr Justice Jonathan Harris, who moved from London to Hong Kong some 34 years ago, warns there may not be any foreign judges left at the High Court in as little as five years. Photo: Robert Ng
Mr Justice Jonathan Harris, who moved from London to Hong Kong some 34 years ago, warns there may not be any foreign judges left at the High Court in as little as five years. Photo: Robert Ng
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