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Following are the opening remarks by the Chief Secretary for Administration, Mr Henry Tang, in moving Resolution under Article 73(7) of the Basic Law on appointment of the Chief Judge of the High Court at the meeting of the Legislative Council today (June 8):
President,
I move that the motion under my name, as printed on the Agenda, be passed, that this Council endorses the appointment of the Honourable Mr Justice Andrew Cheung Kui-nung as the Chief Judge of the High Court.
Chief Judge of the High Court
The Chief Judge of the High Court is the President of the Court of Appeal and the court leader of the High Court. He presides in the Court of Appeal in the more important appeals as well as other appeals. He also leads the High Court administratively and is accountable to the Chief Justice, who is the Head of the Judiciary and is charged with the administration of the Judiciary.
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 (JORC). In addition, Article 90 of the Basic Law provides that in the case of the appointment of the Chief Judge of the High Court, the Chief Executive shall obtain the endorsement of the Legislative Council.
The current appointment
The office of Chief Judge of the High Court became vacant on September 1, 2010 when the Honourable Chief Justice Geoffrey Ma, who was the Chief Judge of High Court immediately prior to that date, assumed the position of the Chief Justice. The Honourable Mr Justice Robert Tang Ching, Justice of Appeal and Vice-President of the Court of Appeal of the High Court, has been acting in the office of Chief Judge of High Court to meet essential operational requirements since September 1, 2010 until the vacancy of the Chief Judge of the High Court is substantively filled.
The JORC has recommended to the Chief Executive the appointment of Mr Justice Cheung as the Chief Judge of the High Court.
The curriculum vitae of Mr Justice Cheung was set out in the Administrationˇ¦s paper issued to the Legislative Council on April 11, 2011. Mr Justice Cheung joined the Judiciary as District Judge in 2001. He started sitting as a deputy High Court judge in December 2001 and was appointed a Judge of the Court of First Instance of the High Court in 2003.
Mr Justice Cheung is a man of high integrity. He has dealt with a number of high-profile and controversial cases and commands the respect of Judges and the legal profession. He is an outstanding lawyer and has the proven ability to handle difficult and complex cases. Mr Justice Cheung also has the potential of being a good administrator and is familiar with the administration of the High Court. The Chief Executive is pleased to accept the JORCˇ¦s recommendation on the appointment of Mr Justice Cheung as the Chief Judge of the High Court. Subject to the endorsement of this Council, the appointment would take effect in June 2011.
In accordance with the procedures previously endorsed by the Legislative Council, the Administration informed the House Committee on April 11, 2011 that the Chief Executive had accepted the recommendation of the JORC on this appointment. Representatives from the Administration and the Secretary to the JORC attended the meeting of the Subcommittee on Proposed Senior Judicial Appointments set up under the House Committee on April 21, 2011 and answered Members' questions. I would like to thank Dr Honourable Margaret Ng, Chairman of the Subcommittee, and other Members of the Subcommittee for their support of the proposed appointment.
I invite Members to endorse the appointment.
Ends/Wednesday, June 8, 2011
Issued at HKT 15:21
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