Appointment of Judges to Court of Final Appeal

**********************************************

The HKSAR Chief Executive, Mr Tung Chee Hwa, has, on the unanimous recommendation of the Judicial Officers Recommendation Commission (JORC), appointed Mr Justice Patrick Chan and Mr Justice Ribeiro as permanent judges of the Court of Final Appeal (CFA), Mr Justice Litton and Mr Justice Ching as non-permanent Hong Kong judges of the CFA, and Sir Gerard Brennan, Sir Thomas Eichelbaum and Lord Millett as non-permanent CFA judges from other common law jurisdictions.

The Chief Executive has made these appointments in exercise of his duty under Article 88 of the Basic Law.

The Government Spokesman said, "Article 90 of the Basic Law and Section 7A of the Hong Kong Court of Final Appeal Ordinance provide that the Chief Executive shall obtain the endorsement of the Legislative Council on the appointment of judges of the Court of Final Appeal."

The Chief Secretary for Administration will on May 31 move a motion to seek the endorsement of the Legislative Council on these appointments for them to take effect in the next few months.

Permanent Judges of the CFA

---------------------------

The Chief Executive said, "Mr Justice Patrick Chan, currently Chief Judge of the High Court, is highly respected by members of the Judiciary, the profession and the community for his utmost integrity and his distinguished judicial qualities. I am particularly pleased to note that Mr Justice Patrick Chan would be the first locally trained law graduate to reach the CFA."

"Mr Justice Ribeiro is a distinguished Justice of Appeal and was an outstanding legal practitioner before he joined the bench.

"I am pleased to accept the JORC's recommendation on the appointment of Mr Justice Chan and Mr Justice Ribeiro."

Mr Justice Patrick Chan and Mr Justice Ribeiro are appointed to fill the vacancies which will arise from the resignation of Mr Justice Litton and the retirement of Mr Justice Ching.

"Mr Justice Litton has tendered his resignation as a permanent judge of the CFA with effect from September 14, 2000. I understand that he feels that at this stage in life, he must now give priority to his family commitments and members of his family are settled overseas. I respect Mr Justice Litton's decision, but his contribution as a permanent judge of the CFA will be sadly missed," said Mr Tung.

"Mr Justice Ching will have completed his tenure of office as a permanent judge of the CFA and will retire in October 2000.

"The rule of law and an independent judiciary are of vital importance to the HKSAR. The establishment and standing of the CFA at the apex of the Judiciary is of the utmost importance to Hong Kong.

"Mr Justice Litton and Mr Justice Ching have played a key role in the early years of the CFA as two of the founding judges. They have made enormous contribution to the Judiciary and the development of Hong Kong's legal system. We are fortunate to have judges of their stature serving on the CFA in its formative years and we are most grateful for their contribution to its work. I am sure that this appreciation is shared by the community."

Non-permanent Hong Kong Judges of the CFA

-----------------------------------------

"I am delighted that Mr Justice Litton and Mr Justice Ching are willing to serve as non-permanent Hong Kong judges upon their ceasing as permanent judges. I am pleased to accept the JORC's recommendation on their appointments as non-permanent judges of the CFA. I am confident that they will continue to make invaluable contribution to the development of the Judiciary in their new capacities.

Non-permanent Judges from other common law jurisdictions

--------------------------------------------------------

"I am also delighted with the JORC's recommendation on the appointment of Sir Gerald Brennan, Sir Thomas Eichelbaum and Lord Millett as non-permanent judges of the CFA from other common law jurisdictions. Sir Gerald Brennan is the immediate past Chief Justice of Australia and Sir Thomas Eichelbaum is the immediate past Chief Justice of New Zealand. Lord Millett is a serving Law Lord. All the three appointees have pre-eminent reputations not only in their respective jurisdictions but also throughout the common law world.

"The JORC has recommended candidates of the highest quality for the posts. With such an outstanding team, I am confident that the CFA will continue to gain in stature and reputation in the years to come," said Mr Tung.

The curriculum vitae of Mr Justice Patrick Chan, Mr Justice Ribeiro, Mr Justice Litton, Mr Justice Ching, Sir Gerald Brennan, Sir Thomas Eichelbaum and Lord Millett are at annex.

- - - - -

Annex

-----

The curriculum vitae of the newly appointed Judges of the CFA are as follows:-

The Hon Mr Justice Patrick Chan

-------------------------------

Mr Justice Patrick Chan was born in Hong Kong in 1948. He was educated in Hong Kong at Wah Yan College. He graduated from the University of Hong Kong with a Bachelor of Law degree in 1974 and a Post-graduate Certificate in Law in 1975. He was called to the Hong Kong Bar in 1976 and was in private practice until his appointment as a District Judge in November 1987. He was appointed Deputy Registrar, Supreme Court in November 1991 and a High Court Judge in May 1992. In July 1997, he was appointed Chief Judge, High Court.

The Hon Mr Justice Roberto Alexandre Vieira Ribeiro

---------------------------------------------------

Mr Justice Ribeiro was born in Hong Kong in 1949. He obtained his LL.B and LL.M from the London School of Economics in 1971 and 1972 respectively. He was called to the English Bar and the Hong Kong Bar in 1978, and was appointed Queen's Counsel in 1990. He was a Lecturer in Law in the University of Hong Kong between 1972 and 1979 and took up private practice in 1979. He was appointed Recorder of the Court of First Instance of the High Court in 1997 and Judge of the Court of First Instance of High Court in 1999. He was appointed Justice of Appeal of Court of Appeal of the High Court in January 2000.

The Hon Mr Justice Litton

-------------------------

Mr Justice Henry Litton was born in Hong Kong in 1934. He received his education in Hong Kong at Diocesan Boys' School, at King's College, Taunton and at Merton College, Oxford. He was awarded a Master of Arts degree in Jurisprudence in 1956. He was called to the Bar by Gray's Inn in England in 1959 and was admitted to the Hong Kong Bar the following year. Mr Justice Litton practised at the Hong Kong Bar from 1960. In July 1970, he was appointed Queen's Counsel. He was appointed directly to the Court of Appeal in September 1992 and was appointed Vice-President of the Court of Appeal in 1995. In July 1997, he was appointed Permanent Judge of the Court of Final Appeal.

The Hon Mr Justice Ching

------------------------

Mr Justice Ching was born in Hong Kong in 1935. He was educated in Hong Kong at Diocesan Boys' School, King's College, Taunton and at University College, Oxford. He was awarded a Bachelor of Arts degree in Jurisprudence in 1957 and was thereafter made a Master of Arts. He was called to the Bar by Lincoln's Inn in England in 1959 and was admitted to the Hong Kong Bar in the same year. In 1974, he was appointed Queen's Counsel. Mr Justice Ching was in private practice until his appointment as a Justice of the Court of Appeal in July 1995. In July 1997, he was appointed Permanent Judge of the Court of Final Appeal.

The Hon Sir Gerard Brennan

--------------------------

Sir Gerard Brennan was born in 1928. He was called to the Queensland Bar in 1951 and was appointed Queen's Counsel (Australia) in 1965. He was appointed a Judge of the Federal Court of Australia in 1977 and a Justice of the High Court in 1981. He was the Chief Justice of Australia from 1995 to 1998.

The Rt Hon Sir Thomas Eichelbaum

--------------------------------

Sir Thomas Eichelbaum was born in 1931 and was appointed Queen's Counsel in 1978. He was appointed a Judge of the High Court of New Zealand in 1982. He was the Chief Justice of New Zealand between 1989 and 1999.

Lord Peter Millett

------------------

Lord Millett was born in 1932. He was called to the English Bar in 1955 and the Hong Kong Bar in 1979. He was appointed Queen's Counsel in 1973. He was a Judge of the High Court of Justice in the Chancery Division between 1986 and 1994. He was appointed a Lord Justice of Appeal in 1994 and a Lord of Appeal in Ordinary in 1998.

End/Wednesday, May 10, 2000

NNNN