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Senior judicial appointments: Court of Final Appeal and High Court

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The Chief Executive, Mr Tung Chee Hwa, has accepted the recommendations of the Judicial Officers Recommendation Commission (JORC) on the appointment of The Right Honourable The Lord Woolf of Barnes, The Right Honourable The Lord Scott of Foscote and The Right Honourable Sir Ivor Richardson as non-permanent judges from other common law jurisdictions to the Court of Final Appeal, and subject to the endorsement of the Legislative Council, will make the appointments under Article 88 of the Basic Law.

Mr Tung said, "I am pleased to accept the JORC's recommendations on the appointment of The Right Honourable The Lord Woolf of Barnes, The Right Honourable The Lord Scott of Foscote and The Right Honourable Sir Ivor Richardson as non-permanent judges from other common law jurisdictions to the Court of Final Appeal. The three judges have eminent standing and reputation and their appointment will be a great asset to the Court of Final Appeal."

The Chief Executive has also accepted the recommendation of JORC on the appointment of Mr Justice Ma as the Chief Judge of the High Court, and subject to the endorsement of the Legislative Council, will make the appointment under Article 88 of the Basic Law.

Mr Tung said, "I am pleased to accept the JORC's recommendation on the appointment of Mr Justice Ma as the Chief Judge of the High Court. Mr Justice Ma, currently a Justice of Appeal of the High Court, is highly respected by members of the Judiciary and by the profession for his integrity, competence in law and judicial temperament."

Mr Justice Ma is recommended to succeed Mr Justice Leong as the Chief Judge of the High Court, who will retire in July 2003.

"Mr Justice Leong, the current Chief Judge of the High Court, will have completed his term of office on July 13, 2003. Mr Justice Leong has made an invaluable contribution to the Judiciary and I wish him a happy retirement," said Mr Tung.

Article 90 of the Basic Law provides that the Chief Executive shall obtain the endorsement of the Legislative Council on the appointment of the judges of the Court of Final Appeal and the Chief Judge of the High Court.

The Chief Secretary for Administration will seek the endorsement of the Legislative Council of the recommended appointments in due course.

Subject to the endorsement of the Legislative Council, the Chief Executive will make the appointments.

The curriculum vitae of the recommended appointees are:

The Right Honourable The Lord Woolf of Barnes

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Personal Background

Lord Woolf of Barnes is a citizen of the United Kingdom. He was born on May 2, 1933. Lord Woolf is married with three sons.

Education

Lord Woolf was educated in Fettes College in Scotland. He obtained his LLB degree at University College London.

Legal Experience

Lord Woolf was called to the Bar at the Inner Temple in 1954. He was then commissioned in the National Service, the 15/19th Royal Hussars. In 1955 he was seconded to the Army Legal Services and became Captain. Lord Woolf started practice in 1956. He was a Recorder of the Crown Court from 1972 to 1979. He became a Bencher of the Inner Temple in 1976. He was Junior Counsel of the Inland Revenue from 1973 to 1974 and First Treasury Junior Counsel (Common Law) from 1974 to 1979.

Judicial Experience

Lord Woolf has extensive judicial experience. From 1979 to 1986, he was a Judge of the Queen's Bench Division of the High Court of Justice and was Presiding Judge of the South Eastern Circuit from 1981 to 1984. Between 1986 and 1992, he was a Lord Justice of Appeal. From 1992 to 1996, he was a Lord of Appeal in Ordinary (serving as a member of the United Kingdom's final appellate court). Between 1996 to 2000, he was Master of the Rolls (the head of the Court of Appeal in England). Since 2000, he has been the Lord Chief Justice of England and Wales.

Lord Woolf conducted an inquiry into prison disturbances in 1990. It is still regarded as being the leading report on prison reform. From 1994 to 1996, he conducted an inquiry into Access to Justice. That inquiry brought about major reforms to the civil justice system in England and Wales. The Woolf reforms to the civil justice system are well known and well respected throughout the world.

Lord Woolf's judicial experience has covered all areas of the law and in particular, public and administrative law and criminal law.

Services and Activities Related to the Legal Field

Lord Woolf was a member of the Senate, Inns of Court and Bar between 1981 and 1985. He was on the Board of Management of the Institute of Advanced Legal Studies between 1985 and 1994, and was its Chairman between 1986 to 1994. He is a member of the World Bank International Advisory Council on Law and Justice. Between 1986 to 1991, he was the Chairman of the Lord Chancellor's Advisory Committee on Legal Education. From 1986 to 1990, he was a member of the Advisory Committee on Justices of the Peace. Between 1996 and 2000, he was a member of the Lord Chancellor's Advisory Committee on Public Records. Between 1998 and 2000, he was a member of the Council of Civil Justice and the Rules Committee.

Lord Woolf had also served as the President of a number of public institutions: Association of Law Teachers (1985 to 1989); the South-West London Magistrates Association (1987 to 1993); the Association of Members of the Board of Visitors (since 1994); Public Records Society (1996 to 2000); Institute of Legal Executives (1998); LawCare (2002) and Bracton Law Society (2002/3). He has been the Vice President of the Royal Overseas League since 2001. Between 1994 and 2002 he was Pro-Chancellor of London University.

Services and Activities Not Related to the Legal Field

Lord Woolf served on the Central Council of Jewish Social Services from 1987 to 2000. He has been involved in the Butler Trust (trustee from 1991 to 1996, Chairman from 1992 to 1996 and President since 1996.) He was trustee of the Special Trustees, St. Mary's Hospital, Paddington (1993 to 1997) and of the Magna Carta Trust (1996 to 2000).

He was a Visitor of Nuffield College, Oxford from 1996 to 2000, the University College London from 1996 to 2000 and Darwin College, Cambridge 1996 to 2003. He was Governor of the Oxford Centre for Postgraduate Hebrew Studies from 1989 to 1993.

Awards

Lord Woolf was awarded Honorary Membership of the Society of Public Teachers of Law (1988). He was awarded Honorary Fellow Leeds Polytechnic (1990), British Academy (2000) and Academy of Medical Sciences (2002). He was also conferred the Honorary Degree of Doctor of Laws by the following universities: Buckingham (1992), Bristol (1992), London (1993), Anglia Polytechnic University (1994), Manchester Metropolitan (1994), Hull, Cranfield and Richmond (2001), Cambridge, Exeter, Birmingham and Wolverhampton (2002). He was appointed Honorary Freeman of the Drapers' Company in the City of London (1999).

Publications

Publications of Lord Woolf include Protecting the Public: the new challenge (Hamlyn Lecture in 1990). He edited the second edition of Declaratory Judgment in 1993 with Mr. J. Woolf. He was also one of the editors of the 5th edition of De Smith Judicial Review of Administrative Action in 1995 and Principles of Judicial Review in 1999.

The Right Honourable The Lord Scott of Foscote

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Personal Background

Lord Scott of Foscote is a citizen of the United Kingdom. Born on October 2, 1934, he is married with four children.

Education

Lord Scott was educated at Michaelhouse College, Natal, South Africa. He obtained his Bachelor of Arts degree at the University of Cape Town. He then obtained his Bachelor degrees in Arts and Laws at the University of Cambridge. He was a Bigelow Fellow at the University of Chicago, USA from 1958 to 1959.

Legal Experience

In 1959, Lord Scott was called to the Bar at the Inner Temple. Between 1960 and 1983 he practised at the Chancery Bar. He was appointed Queen's Counsel in 1975. He was Attorney General (1980 - 1983) and Vice-Chancellor (1987 - 1991) of the Duchy and County Palatine of Lancaster. He became a Bencher of the Inner Temple in 1981.

Judicial Experience

Lord Scott has extensive judicial experience. Between 1983 and 1991 he served as a Judge of the High Court of Justice of the Chancery Division. He was a Lord Justice of Appeal from 1991 to 1994. Between 1994 and 2000, he was the Vice-Chancellor of the Supreme Court. From 1995 to 2000, he was Head of Civil Justice. Since 2000, he has been a Lord of Appeal in Ordinary (i.e. serving as a member of the United Kingdom's highest appellate court).

His judicial experience has covered all legal fields including in particular, trusts, company law, property and tax.

Between 1992 and 1996 he conducted an Inquiry into defence related exports to Iraq and related prosecutions. The Report of the Inquiry was published in February 1996.

Services and Activities Related to the Legal Field

Lord Scott served as the Vice-Chariman of the Bar (1981 to 1982) and Chairman (1982 to 1983). He was made an Honorary Member of both the American Bar Association and Canadian Bar Association in 1983.

Awards

He was awarded the honorary degree of Doctor of Laws by Birmingham University and Buckingham University in 1996 and 1999 respectively.

Publications

From 1996 to 2000, Lord Scott was the editor-in-chief of the Supreme Court Practice. He has also published various articles in legal journals.

The Right Honourable Sir Ivor Richardson

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Personal Background

Sir Ivor Richardson is a citizen of New Zealand. Born on May 24, 1930, he is married with three daughters.

Education

Sir Ivor obtained his Bachelor of Laws degree at Canterbury University and his Master Degree in Laws and Doctor Degree in Juristic Science at the University of Michigan, USA.

Legal Experience

Sir Ivor was a partner in the firm Messrs Macalister Brothers, Invercargill, New Zealand from 1957 to 1963. From 1963 to 1966, he was Crown Counsel in the Crown Law Office in Wellington. He then joined the Victoria University of Wellington. He was Professor of Law, between 1967 to 1973, during which period he served as Dean of the Law Faculty from 1968 to 1971. Between 1973 and 1977, he was a partner in Messrs. Watts & Patterson in Wellington.

Judicial Experience

Sir Ivor served as a Judge for 25 years. He was appointed to the High Court of New Zealand in 1977 and to the Court of Appeal later in that year. Between 1996 and 2002, he was President of the Court of Appeal. In 1978, he was appointed to the Privy Council, and he has sat in appeals to the Judicial Committee of the Privy Council. His judicial experience has covered all areas of the law.

Sir Ivor was the Chairman of committees of inquiry into Inflation Accounting between 1975 and 1976 and into Solicitors Nominee Companies in 1983. He also chaired the Organisational Review of the Inland Revenue Department 1993-1994.

Services and Activities Related to the Legal Field

Sir Ivor was the Chairman of the Council of Legal Education from 1983 to 1992. He chaired the Royal Commission on Social Policy between 1986 and 1988. He had also served as Pro Chancellor (1979 to 1984) and Chancellor (1984 to 1986) of the Victoria University of Wellington.

Awards

He was awarded the Honorary Degree of Doctor of Laws by the University of Canterbury and the University of Victoria in 1987 and 1989 respectively. He was knighted in 1986 and awarded the Principal Companion, New Zealand Order of Merit in 2002.

Publications

Sir Ivor has written various books and articles on various legal subjects.

Mr Justice Geoffrey Ma Tao-li

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Personal Background

Mr Justice Ma was born on January 11, 1956 in Hong Kong. He is married to Madam Justice Yuen. They have one daughter.

Education

Mr Justice Ma received education in England at a young age. He obtained his Bachelor of Laws from Birmingham University in 1977. After studying at the College of Law, he passed his Bar Finals in 1978.

Legal Experience

Mr Justice Ma was called to the English Bar at the Gray's Inn in 1978. He was admitted to the Hong Kong Bar in 1980. He was also qualified in Australia in 1983 and Singapore in 1990. He became a Queen's Counsel in 1993. He was appointed a Recorder of the High Court in November 2000.

Mr Justice Ma practiced in various areas of civil law. His main areas of practice were: arbitration, commercial [aviation, banking, conflict of laws, insurance (marine and non-marine), international sale of goods, shipping], company, chancery work, building, administrative and constitutional law.

Mr Justice Ma was also the legal consultant to Messrs. David Chong & Co., Singapore, Advocates & Solicitors. He was the head of the litigation, shipping and admiralty departments in that firm. He has practiced in Singapore.

Judicial Experience

Mr Justice Ma was appointed a Judge of the Court of First Instance in December 2001. He has heard cases involving arbitration, construction, general commercial and contract, insurance, private international law, partnership, real property and landlord and tenant law. He has also heard cases involving all procedural aspects of civil law, such as injunctions, etc.

Mr Justice Ma was appointed a Justice of Appeal in November 2002. He hears both civil and criminal appeals. In the civil field, he has heard appeals involving construction, general commercial and contract, judicial review, defamation, personal injuries, tax and all aspects of procedural law such as applications for stay, security for costs, etc. He has also heard criminal cases involving manslaughter, arson, blackmail, dangerous drugs, false imprisonment, copyright offences, theft, burglary, fraud and dangerous driving.

Services and Activities Related to the Legal Field

Mr Justice Ma has been an associate member of the London Maritime Arbitrators Association since 1979. He was also a member of the Steering Committee for the Eleventh International Congress of Maritime Arbitrators, and member of Hong Kong International Arbitration Centre Arbitration Ordinance Review Committee. He had conducted (as counsel) a number of arbitrations in Hong Kong involving commodities, shipping, sale of goods, and building. He had also been appointed arbitrator in arbitrations involving charter parties, sale of goods, forex dealings and syndicated loans.

Mr Justice Ma was a Member of the Civil Court Users' Committee of the Judiciary (as a barrister member from October 1993 to December 2001) and he still serves on the Committee as a judge. From February 2000 to December 2001, he was also a member of the Working Party on Civil Justice Reform appointed by the Chief Justice.

Mr Justice Ma was a member of the Bar Council of the Hong Kong Bar Association (1982 - 1984, 1992 - 1996).

Mr Justice Ma has been a Honorary Lecturer in the Department of Professional Legal Education, University of Hong Kong since 1987.

Services and Activities Not Related to the Legal Field

Mr Justice Ma was the Chairman of the Appeal Tribunal Panel (Buildings) (December 1994 - December 2001). He was the Chairman of the Environmental Impact Assessment Appeal Board Panel (April 2001 - December 2001). He was the Deputy Chairman of the Securities and Futures Appeals Panel (October 1999 - December 2001) and was also the Deputy Chairman, Securities and Futures Commission Takeovers Appeal Committee.

Mr Justice Ma was a member of the Criminal and Law Enforcement Injuries Compensation Board in Hong Kong (June 1991 - December 2001), a member of the Hong Kong Futures Exchange Disciplinary Appeals Tribunal (August 1994 - December 2001), an adjudicator of Registration of Persons Tribunal in Hong Kong (September 1987 - February 1996), and he was a member (June 1994 - December 1998) and the Vice Chairman (December 1994 - December 1998) of the Management Committee of the Consumer Legal Action Fund. He was the Deputy Chairman of the Board of Review (Inland Revenue) (May 1997 - April 2000). And he was also the Hon Legal Advisor to the Hong Kong Society of Endocrinology, Metabolism and Reproduction Ltd.

Publications

Mr Justice Ma is a contributing Editor of Hong Kong Civil Procedure 2002. He lectured on and wrote "Litigating in the Commercial List" : 2002 Law Lectures for Practitioners. He is the Editor in Chief of Arbitration in Hong Kong : A Practical Guide (not yet published).

End/Friday, May 2, 2003

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