Senior judicial appointment: non-permanent judges from other common law jurisdictions of the Court of Final Appeal
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Mrs Lam said, "I am pleased to accept the JORC's recommendation on the appointments of the Right Honourable the Baroness Brenda Hale of Richmond and the Right Honourable Beverley McLachlin, PC, as non-permanent judges from other common law jurisdictions of the Court of Final Appeal. Baroness Hale was appointed as President of the Supreme Court of the United Kingdom in September 2017. Ms McLachlin was the Chief Justice of the Supreme Court of Canada from January 7, 2000, until she retired from the office on December 15, 2017. They are judges of eminent standing and reputation.
"As the first female Chief Executive of the Hong Kong Special Administrative Region, I am thrilled that if appointed, Baroness Hale and Ms McLachlin will be the first female judges to the Court of Final Appeal. Their appointment is a historic moment in Hong Kong."
In addition, upon the appointment of Ms McLachlin, she will be the first non-permanent judge from Canada, a common law jurisdiction with which Hong Kong shares many common legal approaches.
"With the appointment of the two eminent judges, the panel of non-permanent judges from other common law jurisdictions will consist of 14 eminent judges from the United Kingdom, Australia and Canada. The presence of these non-permanent judges manifests the judicial independence of Hong Kong," Mrs Lam said.
The Court of Final Appeal is constituted by five judges when hearing and determining appeals. Since July 1, 1997, apart from very few exceptions, there is always a judge drawn from the list of non-permanent judges from other common law jurisdictions to hear a substantive appeal in the Court of Final Appeal.
Article 90 of the Basic Law provides that the Chief Executive shall obtain the endorsement of the Legislative Council on the appointment of the judges of the Court of Final Appeal. The Government will seek the endorsement of the Legislative Council of the recommended appointments in due course.
The curricula vitae of Baroness Hale and Ms McLachlin are at the Annex.
Ends/Wednesday, March 21, 2018
Issued at HKT 11:30
Issued at HKT 11:30
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