Andrew Cheung to be Hong Kong’s next chief justice, but city’s leader Carrie Lam fears politics could delay appointment

Mr Justice Andrew Cheung Kui-nung will be Hong Kong’s next top judge, the city’s leader said on Tuesday, as she praised him as a man of “high integrity” and “exceptional qualities”. But Chief Executive Carrie Lam Cheng Yuet-ngor said the appointment would need to be endorsed by the Legislative Council, and expressed concern it could be delayed by political wrangling. Opposition lawmakers have prevented the Legco’s agenda-setting House Committee from electing a chairman for the past six months. Cheung, 58, who is a permanent judge of the Court of Final Appeal, will become the chief justice from January 11 next year, succeeding Geoffrey Ma Tao-li, who has served in the top post for more than a decade and will soon turn 65. The appointment was announced by Lam before her weekly meeting at the Executive Council. She praised Cheung, who has been the chief judge of the High Court for seven years, for his rich experience in the operation of the judiciary. “Mr Justice Cheung is a highly competent judge with exceptional qualities and leadership. He is a person of high integrity and commands strong respect both within the judiciary and from the legal profession,” she said. Lam added she was delighted to accept the recommendation by an independent commission composed of local judges and legal professionals, and said the government would lend its full support to his future duties. But a source in Hong Kong’s legal profession said “very few” people inside or outside the judiciary had been willing to be considered as candidates for the role during the search process. Cheung said he would “do his utmost to ensure that the rule of law and judicial independence are maintained and that the rights and freedoms of the individual are safeguarded”. Lam also thanked Ma for his “significant contribution in enhancing the efficiency and transparency of the judiciary”, and strong determination in upholding the city’s rule of law and enhancing the international standing of the judiciary. According to Article 90 of the Basic Law, the chief executive must obtain the endorsement of Legco on the appointment of the chief justice. Appointment of senior judges in the Court of Final Appeal and High Courts require Legco approval but have always passed without dispute. Lam expressed concern that the procedure could be delayed by the unresolved gridlock of the House Committee, which has failed to elect a chairman since October. “Without a chairman, no one in the House Committee can make a decision to set up a subcommittee to discuss the appointment. The whole legal procedure will be halted,” she said. “This is something I am very much concerned about.” Previous committee meetings were presided over by legal sector lawmaker Dennis Kwok, of the Civic Party, who allowed opposition lawmakers to speak on different issues with the intention of obstructing the election. “As a barrister, Dennis Kwok should know better than many about the importance of the rule of law in Hong Kong. He should be more willing to approve the appointment,” Lam said. She appealed to Kwok to run an election as soon as possible so the committee could resume normal operations to approve Cheung's appointment before the summer recess in July. Kwok said he would not change the way he presided over committee meetings, and said a new council could handle Cheung’s appointment after September’s general election. He accused Lam of politicising the issue to put pressure on lawmakers to break the gridlock in the House Committee. “Political problems are political problems, you can’t throw in an appointment of the chief justice hoping that will solve the problem for you,” he said. Call to cast the net wider in search for Hong Kong’s next chief justice Pro-establishment lawmaker Holden Chow Ho-ding said Kwok was looking for excuses to paralyse the House Committee and suggested the government consider ways to bypass it. The administration had similarly done so in fast-tracking a bill to increase the number of days of statutory maternity leave, said the member of the Democratic Alliance for the Betterment and Progress of Hong Kong. Both the Law Society and Bar Association, representing solicitors and barristers respectively, issued statements welcoming Cheung’s appointment and said he commanded the respect of their profession. Cheung was “widely recognised for his dedication, integrity, professionalism and leadership during his term of service as the chief judge of the High Court”, the society said. It was confident he would “continue with the good tradition of Chief Justice Geoffrey Ma to head an independent judiciary upholding the rule of law which is of cardinal importance to Hong Kong under the principle of ‘one country, two systems’”. The association said it was confident Cheung “will capably discharge the duties of chief justice in accordance with the requirements of the Basic Law”. It is essential to avoid any politicisation of judicial appointments Andrew Li, first post-handover chief justice In a statement, Andrew Li Kwok-nang, Hong Kong’s first post-handover chief justice, said: “I am delighted that Andrew Cheung will be appointed chief justice. He is a man of utmost integrity and is an able judge. With his judicial and administrative experience, he should be able to lead the judiciary effectively in these challenging times. “I trust that as in the past, Legco will act responsibly and effectively in dealing with the endorsement. It is essential to avoid any politicisation of judicial appointments. Any politicisation will undermine the rule of law and judicial independence which lie at the very heart of our system under one country two systems.” Additional reporting by Sum Lok-kei Purchase the China AI Report 2020 brought to you by SCMP Research and enjoy a 20% discount (original price US$400). This 60-page all new intelligence report gives you first-hand insights and analysis into the latest industry developments and intelligence about China AI. Get exclusive access to our webinars for continuous learning, and interact with China AI executives in live Q&A. Offer valid until 31 March 2020.