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Chief Judge of the High Court of Hong Kong

The Chief Judge of the High Court of Hong Kong (CJHC) is the head of the High Court of Hong Kong and the President of the Court of Appeal of Hong Kong. In the Hong Kong order of precedence, the Chief Judge is the second most senior administrative judge for the courts system, second only to the Chief Justice of the Court of Final Appeal of Hong Kong.[1] The position of Chief Judge is the broad equivalent of the Master of the Rolls in the courts system of England and Wales.

Chief Judge of the High Court of Hong Kong
StyleThe Honourable
AppointerChief Executive of Hong Kong with endorsement by the Legislative Council
Term lengthLife tenure (until statutory retirement at age 70, but may be extended by 5 years until age 75)
Inaugural holderPatrick Chan Siu-oi, 1997
Formation1 July 1997; 25 years ago (1997-07-01)
Chief Judge of the High Court of Hong Kong
Traditional Chinese香港高等法院首席法官
Transcriptions
Yue: Cantonese
Yale RomanizationHēung góng gōu dáng faat yuhn sáu jihk faat gūn
JyutpingHoeng1 gong2 gou1 dang2 faat3 jyun6 sau2 zik6 faat3 gun1

Jeremy Poon is the 5th and current Chief Judge of the High Court of Hong Kong, having taken up the post in December 2019.[2]

Background

The Chief Judge heads the High Court of the Hong Kong, which deals with criminal and civil cases that have risen beyond the lower courts. While the High Court consists of the Court of Appeal and the Court of First Instance, the Chief Judge himself generally only presides over appellate cases in the Court of Appeal, usually together with two other Justices of Appeal.[3] The Chief Judge sits alone in the Court of First Instance to hear contested applications for the ad hoc admission of overseas counsel to the Hong Kong Bar.[4][5]

In accordance with the Basic Law, the Chief Judge is appointed by the Chief Executive based on the recommendation of the Judicial Officers Recommendation Commission (JORC), and made official after receiving approval from the Legislative Council. The Chief Judge, along with the Chief Justice, is one of two positions in the Hong Kong Judiciary that has a nationality requirement (no dual nationality allowed).

Duties of the Chief Judge

The Chief Judge is the Court Leader of the High Court and the President of the Court of Appeal, and is responsible for ensuring the 'efficient utilisation of judicial resources and court time, for advising the Chief Justice on matters of policy concerning the operation and development of the High Court'.[6]

From a judicial stand point, the role of the Chief Judge is equivalent to a Justice of Appeal, but comes with significant additional administrative responsibilities.[7] This may lead to justices turning down the appointment; for example, after Andrew Cheung's promotion to the Court of Final Appeal, it was reported that the Chief Justice originally asked Johnson Lam to be Chief Judge. However, citing the increase in administrative responsibilities, he turned down this role, which ultimately went to Jeremy Poon.[8] Geoffrey Ma, when he was Chief Judge, stated that he spent "less than 50% of his time in court" as most of his time was consumed over administrative issues.[9] Former Hong Kong Bar Association chairman Ronny Tong SC also said of the post: "The job of the chief judge is mainly administrative and not much relating to giving judgments. So whether the candidate is conservative or not does not matter."[7]

The Chief Judge has the power to admit barristers and solicitors and for implementing Civil Justice Reform. Given the experience of balancing hearing appeals and administrative responsibilities, they are often seen as prime candidates for elevation to the role of Chief Justice.

Acting Chief Judge

During a period of absence, an Acting Chief Judge of the High Court is appointed 'until the vacancy therein is filled'.[10] In general, a Vice-President of the Court of Appeal is appointed as Acting Chief Judge of the High Court, while a Justice of Appeal may also be appointed during this period if necessary.[11][12][13]

Chief Judges of the High Court

Name Took office Left office Tenure length Higher education Previous judicial roles Reason for tenure end Inner bar Appointed by
1 Patrick Chan Siu-oi, GBM
陳兆愷
(born 1948; age 74)
1 July 1997 31 August 2000 3 years and 62 days University of Hong Kong (LLB, PCLL) District Judge (1987–91)
Deputy Registrar of the Supreme Court (1991–92)
Judge of the High Court of Justice (1992–97)
Appointed as 4th Permanent Judge of the Court of Final Appeal (retired) Tung Chee-hwa
2 Arthur Leong Siu-chung, GBS
梁紹中
(1936–2010; aged 74)
1 January 2001 13 July 2003 2 years and 194 days City Law School District Judge (1982–91)
Judge of the High Court of Justice (1991–97)
Justice of Appeal of the Court of Appeal (1997–2000)
Retired
3 Geoffrey Ma Tao-li, GBM
馬道立
(born 1956; age 66)
14 July 2003 31 August 2010 7 years and 49 days University of Birmingham (LLB)
University of Law
Recorder of the Court of First Instance (2000–01)
Judge of the Court of First Instance (2001–02)
Justice of Appeal of the Court of Appeal (2002–03)
Appointed as 2nd Chief Justice of the Court of Final Appeal (retired) QC (1993)
4 Andrew Cheung Kui-nung, GBM
張舉能
(born 1961; age 61)
20 June 2011 24 October 2018 7 years and 127 days University of Hong Kong (LLB, PCLL)
Harvard Law School (LLM)
District Judge (2001–03)
Deputy High Court Judge (2001–03)
Judge of the Court of First Instance (2003–11)
Appointed as 8th Permanent Judge of the Court of Final Appeal
(Later 3rd Chief Justice of the Court of Final Appeal)
Donald Tsang
5 Jeremy Poon Shiu-chor
潘兆初

(born 1962; age 60)
18 December 2019 Incumbent 3 years and 15 days University of Hong Kong (LLB, PCLL)
University College London (LLM)
Permanent Magistrate (1993–99)
Deputy Registrar of the High Court (1999–2006)
Judge of the Court of First Instance (2006–15)
Justice of Appeal of the Court of Appeal (2015–19)
Carrie Lam

For pre-1997 Chief Justices (equivalent to the present day Chief Judge of the High Court), see Chief Justice of the Supreme Court of Hong Kong

See also

References

  1. ^ . www.legislation.gov.hk. Archived from the original on 16 October 2012. Retrieved 16 October 2016.
  2. ^ "Appointment of the Chief Judge of the High Court". www.info.gov.hk.
  3. ^ . www.judiciary.gov.hk. Archived from the original on 23 January 2010. Retrieved 16 October 2016.
  4. ^ For example, Re Paul Girolami QC, HCMP 3567/2016, reported at [2017] 1 HKLRD 1226
  5. ^ "Bar Association fights appointment of British lawyer in Kwoks case".{{cite web}}: CS1 maint: url-status (link)
  6. ^ (PDF). Archived from the original (PDF) on 8 October 2010.
  7. ^ a b "Andrew Cheung named as new chief judge". from the original on 20 December 2016.
  8. ^ "潘兆初將任高院首席法官".{{cite web}}: CS1 maint: url-status (link)
  9. ^ "Alumnus profile: The Hon Chief Justice Geoffrey Ma". University of Birmingham. from the original on 15 August 2020.
  10. ^ High Court Ordinance (Cap. 4), Section 8
  11. ^ "G.N.8071" Hong Kong Government Gazette (No. 43 Vol. 22, 26 October 2018)
  12. ^ . Government of Hong Kong. Archived from the original on 8 March 2020. Retrieved 8 March 2020. The office of CJHC became vacant on October 25, 2018 when the Honourable Mr Justice Andrew Cheung Kui-nung, who was the CJHC immediately prior to that date, assumed office as PJ of the CFA and vacated the office of CJHC on the same date. To meet essential operational needs, the Honourable Mr Justice Wally Yeung Chun-kuen, Vice-President and Justice of Appeal of the Court of Appeal of the High Court, acted in the office of CJHC for the period from October 25, 2018 to July 31, 2019. With effect from August 1, 2019, Mr Justice Poon, Justice of Appeal of the Court of Appeal of the High Court, has been acting in the office of CJHC until the CJHC vacancy is substantively filled.
  13. ^ For example, HKSAR v Chan Chun Man, CACC 216/2017

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The Chief Judge of the High Court of Hong Kong CJHC is the head of the High Court of Hong Kong and the President of the Court of Appeal of Hong Kong In the Hong Kong order of precedence the Chief Judge is the second most senior administrative judge for the courts system second only to the Chief Justice of the Court of Final Appeal of Hong Kong 1 The position of Chief Judge is the broad equivalent of the Master of the Rolls in the courts system of England and Wales Chief Judge of the High Court of Hong KongEmblem of Hong KongStyleThe HonourableAppointerChief Executive of Hong Kong with endorsement by the Legislative CouncilTerm lengthLife tenure until statutory retirement at age 70 but may be extended by 5 years until age 75 Inaugural holderPatrick Chan Siu oi 1997Formation1 July 1997 25 years ago 1997 07 01 Chief Judge of the High Court of Hong KongTraditional Chinese香港高等法院首席法官TranscriptionsYue CantoneseYale RomanizationHeung gong gōu dang faat yuhn sau jihk faat gunJyutpingHoeng1 gong2 gou1 dang2 faat3 jyun6 sau2 zik6 faat3 gun1Jeremy Poon is the 5th and current Chief Judge of the High Court of Hong Kong having taken up the post in December 2019 2 Contents 1 Background 2 Duties of the Chief Judge 2 1 Acting Chief Judge 3 Chief Judges of the High Court 4 See also 5 ReferencesBackground EditThe Chief Judge heads the High Court of the Hong Kong which deals with criminal and civil cases that have risen beyond the lower courts While the High Court consists of the Court of Appeal and the Court of First Instance the Chief Judge himself generally only presides over appellate cases in the Court of Appeal usually together with two other Justices of Appeal 3 The Chief Judge sits alone in the Court of First Instance to hear contested applications for the ad hoc admission of overseas counsel to the Hong Kong Bar 4 5 In accordance with the Basic Law the Chief Judge is appointed by the Chief Executive based on the recommendation of the Judicial Officers Recommendation Commission JORC and made official after receiving approval from the Legislative Council The Chief Judge along with the Chief Justice is one of two positions in the Hong Kong Judiciary that has a nationality requirement no dual nationality allowed Duties of the Chief Judge EditThe Chief Judge is the Court Leader of the High Court and the President of the Court of Appeal and is responsible for ensuring the efficient utilisation of judicial resources and court time for advising the Chief Justice on matters of policy concerning the operation and development of the High Court 6 From a judicial stand point the role of the Chief Judge is equivalent to a Justice of Appeal but comes with significant additional administrative responsibilities 7 This may lead to justices turning down the appointment for example after Andrew Cheung s promotion to the Court of Final Appeal it was reported that the Chief Justice originally asked Johnson Lam to be Chief Judge However citing the increase in administrative responsibilities he turned down this role which ultimately went to Jeremy Poon 8 Geoffrey Ma when he was Chief Judge stated that he spent less than 50 of his time in court as most of his time was consumed over administrative issues 9 Former Hong Kong Bar Association chairman Ronny Tong SC also said of the post The job of the chief judge is mainly administrative and not much relating to giving judgments So whether the candidate is conservative or not does not matter 7 The Chief Judge has the power to admit barristers and solicitors and for implementing Civil Justice Reform Given the experience of balancing hearing appeals and administrative responsibilities they are often seen as prime candidates for elevation to the role of Chief Justice Acting Chief Judge Edit During a period of absence an Acting Chief Judge of the High Court is appointed until the vacancy therein is filled 10 In general a Vice President of the Court of Appeal is appointed as Acting Chief Judge of the High Court while a Justice of Appeal may also be appointed during this period if necessary 11 12 13 Chief Judges of the High Court Edit Name Took office Left office Tenure length Higher education Previous judicial roles Reason for tenure end Inner bar Appointed by1 Patrick Chan Siu oi GBM陳兆愷 born 1948 age 74 1 July 1997 31 August 2000 3 years and 62 days University of Hong Kong LLB PCLL District Judge 1987 91 Deputy Registrar of the Supreme Court 1991 92 Judge of the High Court of Justice 1992 97 Appointed as 4th Permanent Judge of the Court of Final Appeal retired Tung Chee hwa2 Arthur Leong Siu chung GBS梁紹中 1936 2010 aged 74 1 January 2001 13 July 2003 2 years and 194 days City Law School District Judge 1982 91 Judge of the High Court of Justice 1991 97 Justice of Appeal of the Court of Appeal 1997 2000 Retired3 Geoffrey Ma Tao li GBM馬道立 born 1956 age 66 14 July 2003 31 August 2010 7 years and 49 days University of Birmingham LLB University of Law Recorder of the Court of First Instance 2000 01 Judge of the Court of First Instance 2001 02 Justice of Appeal of the Court of Appeal 2002 03 Appointed as 2nd Chief Justice of the Court of Final Appeal retired QC 1993 4 Andrew Cheung Kui nung GBM張舉能 born 1961 age 61 20 June 2011 24 October 2018 7 years and 127 days University of Hong Kong LLB PCLL Harvard Law School LLM District Judge 2001 03 Deputy High Court Judge 2001 03 Judge of the Court of First Instance 2003 11 Appointed as 8th Permanent Judge of the Court of Final Appeal Later 3rd Chief Justice of the Court of Final Appeal Donald Tsang5 Jeremy Poon Shiu chor潘兆初 born 1962 age 60 18 December 2019 Incumbent 3 years and 15 days University of Hong Kong LLB PCLL University College London LLM Permanent Magistrate 1993 99 Deputy Registrar of the High Court 1999 2006 Judge of the Court of First Instance 2006 15 Justice of Appeal of the Court of Appeal 2015 19 Carrie LamFor pre 1997 Chief Justices equivalent to the present day Chief Judge of the High Court see Chief Justice of the Supreme Court of Hong KongSee also EditHigh Court of Hong Kong Court of Appeal of Hong Kong Court of First Instance of Hong Kong Chief Justice of the Supreme Court of Hong Kong Vice Presidents of the Court of Appeal of Hong Kong Court of Final Appeal Hong Kong Chief Justice of the Court of Final Appeal of Hong Kong Legal system of Hong KongReferences Edit Department of Justice Bilingual Laws Information System www legislation gov hk Archived from the original on 16 October 2012 Retrieved 16 October 2016 Appointment of the Chief Judge of the High Court www info gov hk About Us List of Judges and Judicial Officers www judiciary gov hk Archived from the original on 23 January 2010 Retrieved 16 October 2016 For example Re Paul Girolami QC HCMP 3567 2016 reported at 2017 1 HKLRD 1226 Bar Association fights appointment of British lawyer in Kwoks case a href Template Cite web html title Template Cite web cite web a CS1 maint url status link Judicial Officers Recommendation Commissions Report 1997 2002 PDF Archived from the original PDF on 8 October 2010 a b Andrew Cheung named as new chief judge Archived from the original on 20 December 2016 潘兆初將任高院首席法官 a href Template Cite web html title Template Cite web cite web a CS1 maint url status link Alumnus profile The Hon Chief Justice Geoffrey Ma University of Birmingham Archived from the original on 15 August 2020 High Court Ordinance Cap 4 Section 8 G N 8071 Hong Kong Government Gazette No 43 Vol 22 26 October 2018 Top judges cleared for appointment to Court of Final Appeal and High Court respectively Government of Hong Kong Archived from the original on 8 March 2020 Retrieved 8 March 2020 The office of CJHC became vacant on October 25 2018 when the Honourable Mr Justice Andrew Cheung Kui nung who was the CJHC immediately prior to that date assumed office as PJ of the CFA and vacated the office of CJHC on the same date To meet essential operational needs the Honourable Mr Justice Wally Yeung Chun kuen Vice President and Justice of Appeal of the Court of Appeal of the High Court acted in the office of CJHC for the period from October 25 2018 to July 31 2019 With effect from August 1 2019 Mr Justice Poon Justice of Appeal of the Court of Appeal of the High Court has been acting in the office of CJHC until the CJHC vacancy is substantively filled For example HKSAR v Chan Chun Man CACC 216 2017 Retrieved from https en wikipedia org w index php title Chief Judge of the High Court of Hong Kong amp oldid 1104361885, wikipedia, wiki, book, books, library,

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