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CJ: Court of Final Appeal has made good progress in establishing its stature
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The following is issued on behalf of the Judiciary:

     Over the last 13 years, the Court of Final Appeal (CFA) has made good progress in establishing its stature, and the composition of the Court with one non-permanent overseas judge has worked well, the Hon Chief Justice Andrew Kwok-nang Li said today (July 16) at his farewell sitting in the CFA.    

     Delivering an address at a sitting of the Court to mark his retirement, Mr Li said one of the most exciting challenges during his tenure had been the establishment of Hong Kong's final appellate court and the development of constitutional jurisprudence in the new order.

     The foundation of the new order is "One Country, Two Systems" with each being part of the principle, he stressed.
       
     "In relation to the interpretation of the Basic Law, the Court has authoritatively laid down that a generous interpretation must be given to the guaranteed rights and freedoms, which lie at the heart of Hong Kongˇ¦s separate system."
          
     In most constitutional cases, he said, a balance has to be struck between the rights and freedoms of the individual on the one hand and the interests of the community on the other.
         
     "In searching for the appropriate solution for our own jurisdiction in constitutional and other cases, considerable assistance is derived from an examination of comparative jurisprudence," he added.  
         
     Noting that decisions of the courts in constitutional cases have widespread repercussions for society, Mr Li said judges have the duty to decide cases in accordance with law without fear or favour.
        
     "The courts are concerned and only concerned with the limits of legality. The courts are not the appropriate forum for debating or resolving political, social or economic issues, let alone one for the ventilation of campaigns for political ends," he reiterated.
         
     Mr Li highlighted another important challenge that Hong Kong's judicial system has faced and will continue to face - to seek to ensure access to justice for all.

     He said, "There is no magic solution. All concerned, including the Government, the Judiciary and the legal profession need to consider the matter and make concerted efforts to assist."  

     Among the measures undertaken by the Judiciary are the Civil Justice Reform, the promotion of mediation and the establishment of the Resource Centre for Unrepresented Litigants.  

     Speaking on the Judiciary, Mr Li said that while serving the community in a world of rapid change, it has a responsibility to keep its administration under review with a view to making further improvements so as to ensure that citizens are well served.

     To maintain public confidence in the Judiciary and the administration of justice, judges should observe the highest standards of conduct both in and out of court, he emphasised.
 
     "Over the last 13 years, we have recruited good talent from the legal profession.  It is important to maintain momentum in this regard."

     Bidding farewell to those attending the farewell sitting including judges and judicial officers, staff of the Judiciary Administration, officers of the Department of Justice, the Chairman of the Legco Panel on Administration of Justice and Legal Services and members of the legal profession, Mr Li said he has no regrets.  

     "It has been the greatest honour of my life to serve as the first Chief Justice in the new order. I have been greatly enriched by the experience," he said.  

     As head of the Judiciary with a range of judicial, administrative and representational responsibilities, Mr Li thanked all concerned for their assistance and support.

     Looking ahead, Mr Li said he is confident that an independent Judiciary upholding the rule of law and safeguarding the rights and freedoms of the individual will continue to thrive under "One Country, Two Systems".

     After over 37 years' work as advocate and judge, Mr Li will cease service on August 31 and proceed on pre-retirement leave on September 1.

(The full text of the address delivered by the Hon Chief Justice Andrew Kwok-nang Li at his farewell sitting in the Court of Final Appeal today (July 16) is attached.)

Ends/Friday, July 16, 2010
Issued at HKT 13:00

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