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Following is the speech by the Chief Secretary for Administration, Mr Henry Tang, in moving the resolution under Article 73(7) of the Basic Law and Section 7A of the Hong Kong Court of Final Appeal Ordinance on appointment of non-permanent judges to the Court of Final Appeal in the Legislative Council today (January 7):
Mr President,
I move that the appointment of Mr Murray Gleeson, The Right Honourable The Lord Walker of Gestingthorpe and The Right Honourable The Lord Neuberger of Abbotsbury to the Court of Final Appeal as non-permanent judges from other common law jurisdictions (hereinafter referred to as "non-permanent common law judges") be endorsed by this Council.
Constitutional and statutory framework
The Court of Final Appeal is the final appellate court in Hong Kong, hearing both civil and criminal appeals. It consists of the Chief Justice and the permanent judges. Non-permanent judges may be invited to sit. At present, there are 16 non-permanent judges. Six of them come from Hong Kong and 10 come from other common law jurisdictions.
When hearing and determining appeals, the Court of Final Appeal is constituted by five judges, which include the Chief Justice, three permanent judges, and one non-permanent Hong Kong judge or one non-permanent common law judge.
Pursuant to Article 88 of the Basic Law and the Judicial Officers Recommendation Commission Ordinance (Cap. 92), judges of the courts of the Hong Kong Special Administrative Region shall be appointed by the Chief Executive on the recommendation of the Judicial Officers Recommendation Commission. Article 90 of the Basic Law provides that in the case of the appointment of judges of the Court of Final Appeal and the Chief Judge of the High Court, the Chief Executive shall, in addition to following the procedures prescribed in Article 88 of the Basic Law, obtain the endorsement of the Legislative Council.
Recommendation of the Judicial Officers Recommendation Commission
The Judicial Officers Recommendation Commission has recommended to the Chief Executive the appointment of Mr Murray Gleeson, The Right Honourable The Lord Walker of Gestingthorpe and The Right Honourable The Lord Neuberger of Abbotsbury as non-permanent common law judges to the Court of Final Appeal.
The curriculum vitae of the three judges have been set out in our paper issued on November 7, 2008. Mr Gleeson was appointed Chief Justice of the High Court of Australia in May 1998. In accordance with the Australian Constitution, he retired from that office on August 30, 2008 when he reached the age of 70. Lord Walker was appointed Lord of Appeal in Ordinary in the United Kingdom in 2002. Lord Neuberger was promoted to the House of Lords and appointed Lord of Appeal in Ordinary in the United Kingdom in January 2007.
The three judges have eminent standing and reputation in the legal sector. The Chief Executive is pleased to accept the recommendation of the Judicial Officers Recommendation Commission on their appointment as non-permanent common law judges to the Court of Final Appeal. Subject to the endorsement of this Council, the appointment would take effect in early 2009.
In accordance with the procedures previously endorsed by the House Committee, the Administration informed the House Committee of the recommended appointments on November 7, 2008. At the House Committee meeting on November 14, Members agreed that it was not necessary to form a subcommittee to consider the recommended appointments.
I now invite Members to endorse the appointments.
Ends/Wednesday, January 7, 2009
Issued at HKT 14:57
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