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Following is the English translation of the closing remarks 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 the appointment of the Chief Justice of the Court of Final Appeal in the Legislative Council today (June 9):
Mr President,
I thank members for their support for the motion, and for views expressed.
The Administration does not agree with the view of some members that the membership of the Secretary for Justice in the Judicial Officers Recommendation Commission (JORC) would undermine the independence of the JORC. The Secretary for Justice is only one of the nine members of JORC and does not have veto power in JORC. Besides, his politically appointed status does not prevent the Secretary for Justice from being able to "freely and without fear or favour, affection or ill-will, give his counsel and advice to the Chief Executive in connexion with all such matters as may be referred to the JORC under the JORC Ordinance", in accordance with the oath taken by him on appointment as a member of JORC. Similarly, there is nothing in the political appointment system which would undermine the principle of exercising judicial power independently by the courts of the Hong Kong Special Administrative Region as entrenched in Article 85 of the Basic Law, or the integrity of the judicial appointment process provided for in the Basic Law.
I would also like to point out that as guardian of the public interest in the administration of justice and upholder of the rule of law, and as the principal adviser on legal matters to the Chief Executive, it is appropriate for the Secretary for Justice to be involved, as a member of the JORC, in making recommendation to the Chief Executive on judicial appointments.
Besides, as the head of the Department of Justice, which employs a large number of lawyers and briefs out a great deal of work to the private sector, the Secretary for Justice is in a unique position and has considerable knowledge to contribute to the JORC's deliberations in respect of judicial appointments.
The Administration is of the view that the ex-officio membership of the Secretary for Justice in JORC should continue.
An independent Judiciary has been and will remain a cornerstone of Hong Kong's stability and prosperity. The people of Hong Kong have high expectations of the Judiciary in upholding the rule of law, ensuring the fair and efficient administration of justice and safeguarding the rights and freedoms of the individual. I am confident that Mr Justice Ma will discharge his duties as head of the Judiciary with distinction.
I invite members to endorse the appointment.
Ends/Wednesday, June 9, 2010
Issued at HKT 15:25
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