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Speech by the Secretary for Justice

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Following is the speech delivered by the Secretary for Justice, Ms Elsie Leung, at the Formal Call of Senior Counsel today (May 11):

Chief Justice, My Lords, Your Honours,

On behalf of myself and my Department, I congratulate Mr. Aarif Barma, Mr. Arthur Luk, Mr. Wong Yan-lung and Mr. Jat Sew-tong upon their appointment as Senior Counsel.

The institution of silk is an old one. Its roots lie deeply buried in the formative years of the English legal system. It is a system which has continued to thrive and to develop in Hong Kong, and for good reason. Silks are distinguished from other barristers in various ways. They wear silk gowns, sit within the bar, and take precedence over others. At one time, they appeared only on behalf of the state, and a licence or permission to plead was required to appear on behalf of some other client. But the institution has developed now to the point where silks, as the recognised masters of their profession, contribute to every aspect of the law, and few, if any areas of legal practice are not now enriched by the contributions they are able to make. Many aspire to silk, but few are chosen. That is as it should be, for this is a mark of distinction which is conferred upon those whose standing, skill and professionalism are such that they can be entrusted with the heavy responsibilities which the office entails.

Silks these days have to be role models for others. Those involved in the law, just as much as the public, need to rely upon their professional abilities and advice. In many ways, they set the tone for the entire profession. By their conduct, so is the bar judged. Capable silks, providing leadership, assisting courts, advising clients, guiding juniors, asserting the rule of law, enhance the stature of our legal system as a whole, and, with that, they project the reputation of Hong Kong itself. This year, we are again fortunate that the Inner Bar has acquired silks of distinction and calibre. Each of them has much to contribute in his own area of expertise. It is to the credit of all of them as well that they have contributed to the law in areas outside their immediate areas of practice.

That one of the four new silks comes from within my own Department is something from which I derive particular pleasure. The standards and standing of the public branch of the profession depend just as much as does the private branch upon the qualities which those in silk are able to bring to bear. With the appointment to silk today one of my senior prosecutors I am pleased to be able to tell the court that a new record has been set. For the first time ever, there are now five silks in the Prosecutions Division. That is something from which all of us in the Department take great pride, and I have no doubt that this will enhance yet further the standing of our system of public prosecutions. I sincerely hope that those who complain sometimes that we have too many prosecutors in the Prosecutions Division will not also now complain that we have too many silks!!

Mr. Aarif Barma has practised with distinction in Hong Kong for some 18 years. He enjoys a high reputation as a civil practitioner. He is well respected on all sides. His area of practice is broad, and I have no doubt that the civil courts will rely heavily upon his expertise in the years to come. He also serves as a member of the Inland Revenue Department's Board of Review.

Mr. Arthur Luk has been a prosecutor since 1985. As the Deputy DPP in charge of trial advocacy, he is highly regarded as a trial advocate. He is firm and professional, and he is something of an exemplar for our younger generation of trial prosecutors. He has prosecuted major trials over the years, and, again, his appointment is richly deserved. I should add as well that he has done much to promote the use of the Chinese language in criminal proceedings. He is Consultant Editor for the first 'Butterworths Hong Kong English Chinese Legal Dictionary', and was an editor of the China Law Reports. He is as well a member of the Committee on the Bilingual Legal System. Mr. Luk has contributed constructively to the law in various areas.

Mr. Wong Yan-lung has practised with considerable success at the bar since 1987. He has a versatile practice which includes constitutional and administrative law, as well as property law and civil law. He has served on the Bar Council and chairs the Buildings Appeal Tribunal.

Mr. Jat Sew-tong has practised at the bar since 1989. It is a recognition of his standing that he should have achieved silk at what, to some of us at least, will seem the outrageously tender age of 36 - few have taken silk so early in their careers. Mr. Jat also has a varied practice which spans civil law, defamation law and company law. It is fortunate that his talents will now be available to the Inner Bar. He has done much to assist the work of the Bar Association by service both as its Secretary and as its Treasurer.

My Lords, Hong Kong is fortunate that Messrs. Barma, Luk, Wong and Jat have today entered into silk. They all have much to contribute to the development and advancement of the law in this jurisdiction. I feel sure that they will meet the challenges that they will now face with skill, with determination and with grace. I wish them success and happiness in all they do in their new careers in the years ahead.

End/Saturday, May 11, 2002

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