Chief Justice of the Court of Final Appeal explained

Post:Chief Justice
Native Name:香港終審法院首席法官
Body:the Hong Kong Court of Final Appeal
Incumbent:Andrew Cheung
Incumbentsince:11 January 2021
Style:The Honourable (尊貴的)
Nominator:Chief Executive
Appointer:Legislative Council
Termlength:Tenure until the age of 70
Constituting Instrument:Hong Kong Basic Law
Inaugural:Andrew Li
T:香港終審法院首席法官
Y:Hēung góng jūng sám faat
J:Hoeng1 gong2 zung1 sam2 faat3 jyun6 sau2 zik6 faat3 gun1

The chief justice of the Hong Kong Court of Final Appeal, sometimes informally known as the chief justice of Hong Kong, is the head of the Judiciary of Hong Kong and the chief judge of the Court of Final Appeal.[1] The chief justice is one of three permanent members of the Court.[2] During British rule between 1843 and 1997, the head of the Hong Kong Judiciary was the chief justice of the Supreme Court of Hong Kong; that position became the chief judge of the High Court in 1997.

The first chief justice of the Hong Kong Court of Final Appeal was Andrew Li, who served for over 13 years.

Role of the chief justice

The chief justice is the president of the Court of Final Appeal, and is charged with the administration of the Judiciary and often acts as its spokesperson. He is assisted by the court leaders of the lower courts for judicial administration (such as dealing with staffing, promotions, or public complaints), namely the chief judge of the High Court, chief district judge, and the chief magistrate. In hearing and determining an appeal, the Court will consist of five judges, with the chief justice sitting at the middle of the bench. However, the chief justice enjoys no higher authority than other Permanent or Non-permanent Judges of the court when it comes to judicial decisions.[3]

The office of Chief Justice is second only to the chief executive of Hong Kong in the Hong Kong order of precedence. In the case of an impeachment of a chief executive of Hong Kong, the chief justice presides over the trial as provided by the Hong Kong Basic Law. The chief justice is also the chairman ex-officio of the Judicial Officers Recommendation Commission which makes recommendations to fill a variety of judicial roles, and also determines the elevation of junior barristers to senior counsel status.

List

width=10pxwidth=180pxNamePlace of birthStarting ageRetirement agewidth=120px colspan=2Term of officewidth=150px Tenure lengthwidth=280pxPrior judicial officesHigher educationInner barwidth=120pxAppointed by
1 Andrew Li Kwok-nang, GBM
李國能
(born 1948; age)
Hong Kong48611 July 199731 August 2010Deputy District Judge (1982–85)
Deputy High Court Judge
(1991–97)
University of Cambridge (MA, LLM)QC (1988)Tung Chee-hwa
2 Geoffrey Ma Tao-li, GBM
馬道立
(born 1956; age)
Hong Kong54651 September 201010 January 2021Recorder 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)
Chief Judge of the High Court (2003–10)
University of Birmingham (LLB)
University of Law
QC (1993)Donald Tsang
3Andrew Cheung Kui-nung, GBM
張舉能

(born 1961; age)
Hong Kong59Incumbent11 January 2021IncumbentDistrict Judge (2001–03)
Deputy High Court Judge (2001–03)
Judge of the Court of First Instance (2003–11)
Chief Judge of the High Court (2011–18)
Permanent Judge of the Court of Final Appeal (2018–21)
University of Hong Kong (LLB, PCLL)
Harvard Law School (LLM)
Carrie Lam
All Chief Justice's, to date, have served for at least 10 years before retiring. Below is a list of all Chief Justice's sorted by length of tenure:
!No.!Name!Total time in office
1Andrew Li
2Geoffrey Ma
3Andrew Cheung (incumbent, continuing)

Residence

The chief justice resides at the Chief Justice's House, also known as the Clavadel, at 19 Gough Hill Road, The Peak. It was built in 1893.[4] The chief justice is also chauffeured in a government vehicle with the license plate "CJ".

Judiciary administrator

Attached to the office of the chief justice is a Judiciary administrator, who assists the chief justice in the overall administration of the Judiciary. Being the head of the Judiciary Administration, she has to ensure that proper support is provided to judges and judicial officers in the administration of justice, and that court operation is being carried out effectively and smoothly.

Term of office!Tenure length!Appointed by
1Alice Tai Yuen-ying, GBS, JP1 July 199731 March 1999Andrew Li
2Wilfred Tsui Chi-keung15 June 199914 June 2005
3Emma Lau Yin-wah, JP15 June 200516 July 2020
4Esther Leung Yuet-yin, JP20 July 2020IncumbentGeoffrey Ma

See also

Notes and References

  1. https://www.elegislation.gov.hk/hk/cap484 Hong Kong Court of Final Appeal Ordinance (Cap. 484), Section 6(2)
  2. https://www.elegislation.gov.hk/hk/cap484 Hong Kong Court of Final Appeal Ordinance (Cap. 484), Section 5(1)
  3. Web site: Hong Kong democrats raise concerns over gov'ts choice of new chief justice, Andrew Cheung. 25 March 2020. Hong Kong Free Press.
  4. Web site: Inside the most expensive neighborhood in the world's most expensive city — a billionaire enclave where Alibaba founder Jack Ma may have bought a $191 million mansion . .