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JORC Report 2003

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JORC Report 2003 Ɂࡗؒ̇ ઐᔈկࡗผంй Judicial Officers Recommendation Commission 2003 ͌፣ Contents Ӱک Foreword ................................................................................................................................... i ௃ ࠒ Chapter Pages Ɂࡗઐᔈկࡗผؒ̇ 1 The Judicial Officers Recommendation Commission ...................................................... 1 – 7 կࡗผؿɮА 2 Work of the Commission .................................................................................................. 8 – 9 ୄᄗؒ৑ࠖ࢐ؒւʥୄᄗؒ৑ 3 Chief Justice and the Court of Final Appeal .................................................................... 10 – 14 ঢ়೩ؒ৑ 4 High Court ........................................................................................................................ 15 – 21 ਟؒ৑ʥɠΔᄗസ୮ਂ 5 District Court and Lands Tribunal ..................................................................................... 22 – 27 സРؒ৑dᄗസ୮ʥϋΐസРؒ࢓ 6 Magistrates’ Courts, Tribunals and Coroner’s Court......................................................... 28 – 31 ፣ڃ Appendix α 7 ˂ 1 ˀϭ 2005 α 6 ˂ 30 ˀଊ։ͨ౨ʑ̇ؒɁࡗઐᔈկࡗผ˚࢐ʥկࡗؿᓯዃ 2003 1 Bio-data of the Chairman and Members of the Judicial Officers Recommendation Commission for the current term 1 July 2003 to 30 June 2005........................................ 32 – 35 Έඖ̇ؒᓻϽؿؒց߬ұ 2 Statutory Requirements for Various Judicial Offices ........................................................ 36 – 43 Ӱ Forewordک Ɏcȹ࠯ዟ͓ An independent Judiciary upholding the rule ofڬΕȹਝԭԹؿࡈ ࠗಋԞ႓ law is of cardinal importance to Hong Kong under theכؿdॶၐᙶؒ؝ؿ̇ؒዀᗐྦྷ ɺ principle of one country two systems. It is crucial thatقϭݯࠇ߬eᏵͨ՜ؿؒւ1 ̦඘̳ 1 ϊcፕ׆̇ؒɁɷؿɮ judges appointed are of complete integrity and highܨe܁ؒכd၀ځ standards of professional competence. The work in Аรݯࠇ߬e relation to judicial appointments is accordingly of great importance. ਂܧ࣓ኣਥ̯ؒcࠗಋऋПϷ .2 Under the Basic Law, judges of the courts of the .2 ܁৑ؿؒւc඘੡Է̯ͅΔؿؒւdؒؒ ΊɁɡୂιؿዟ͓ Hong Kong Special Administrative Region shall beكɁɡʥԯˢʿࠍؿވ ւͨ՜e 1997 appointed by the Chief Executive on theٽܧկࡗผઐᔈcԎͅϷ α7˂1ˀċؒɁࡗઐᔈկࡗผι͓e recommendation of an independent commission ஛࠯կࡗผగܰਥ̯ؒɻད౨ผஉ͓ composed of local judges, persons from the legal ؿዟ͓կࡗผe profession and eminent persons from other sectors. On 1 July 1997, the Judicial Officers Recommendation Commission was established as the independent Ɂࡗઐᔈկࡗผంйcοؒ̇ٲೕ .3 commission contemplated by the Basic Law. Ε͚ˤկࡗผؿࠇ߬ɮАe଱ȹͫկࡗผ c૪ၰؿࣂݒͅ 3. The objective of publishing a report of the Judicialٲαೕ 2003 כంйɰ 1997 α 7 ˂ 1 ˀ঴ϭ 2002 α 12 ˂ 31 ˀ Officers Recommendation Commission is to give an ؿܰ଱ɀͫկࡗผంйc૪ account of the important work of the Commission. TheٲeଊΕೕ˅ ၰؿࣂݒܰ 2003 αͲαe first report of the Commission, covering the period 1 July 1997 to 31 December 2002, was published in .ᒖಳΕ 2003 αӀτྦྷܺԒ̇ؒᓻ 2003. This is the second report and covers the year 2003 .4 ϽАˮͨ՜cЎ҈ࠨΕ̯ంйؿ଱ɍ௃ϭ 4. Although appointments to some judicial offices जΈज़ؒ৑̇ؒᓻϽؿͨړ଱ʒ௃ʑʋಳ were not made in the year 2003, we have retained the ՜ؿτᗐూ߸cᜑɣࡼྦྷկࡗผᓻᚬᆲ௼ description of the different levels of courts in Chapters 3 ʑτᗐ̇ؒᓻϽؿͨ՜τͲࠍؿȿ໬e to 6 so that a comprehensive picture of the judicial offices within the purview of the Commission is given. Ѵશ஛ͫంйॶ˥Бྦྷկࡗผؿɮ .5 АτҡΛؿȿ໬e 5. I hope you will enjoy reading this report and that you will have a better understanding of the work of the Commission. Ɂࡗઐᔈկࡗผ˚࢐ Andrew Liؒ̇ ୄᄗؒ৑ࠖ࢐ؒւbңਝॶ Chief Justice Chairman of the Judicial Officers Recommendation Commission 1 ւ¨՗§̇ؒɁࡗ¨eؒ§ܢ˳ւ¨Εϊؒ§ The reference to “Judges” includes both Judges and Judicial Officers. i կࡗผ ଱ȹ௃ CHAPTER 1 The Commission Ɂࡗઐᔈկࡗผؿୂι Constitution of JORCؒ̇ Article 48(6) of the Basic Law confers on the Chief 1.1 ܧʒ ૈልʀϷ ਥ̯ؒ଱̒ɊɄ 1.1 ւΕԗ๑ؒցೡѵɎͨЛΈज़ؒ৑ؒւ Executive the power and function to appoint or removeٽ ؿᓻᚬe࣓ኣਥ̯ؒ଱ɄɊɄૈcࠗ judges of the courts at all levels in accordance with legal ࠗಋऋਂ¨ؒ৑ؿؒ procedures. Article 88 of the Basic Law provides that§ਂܧಋऋПϷ Ɂɡʥԯ judges of the courts of the Hong Kong Specialވ܁ւc඘੡Է̯ͅΔؒւdؒ ΊɁɡୂιؿዟ͓կࡗผઐ Administrative Region (“HKSAR”) shall be appointed byكˢʿࠍؿ ւͨ՜e the Chief Executive on the recommendation of anٽܧᔈcԎͅϷ independent commission composed of local judges, Ɂࡗઐᔈկࡗผ§կࡗผ¨ֶ persons from the legal profession and eminent personsؒ̇ 1.2 .ઐᔈկࡗผ¨ܰਥ̯ؒ଱ɄɊɄૈ from other sectors§ כད౨ผஉ͓ؿዟ͓կࡗผeկࡗผ 1997α7˂1ˀ࣓ኣࠗಋؒԝ଱92௃̇ 1.2 The Judicial Officers Recommendation Commission (“the Commission” or “JORC”) is the םɁࡗઐᔈկࡗผૈԝι͓cՅ౧ȿؒ ˀؿ̇ؒɁࡗ㟌͂կࡗผe independent commission contemplated by Article 88 of the Basic Law. It was established on 1 July 1997 under ઐᔈկࡗผؿᓻॶ the Judicial Officers Recommendation Commission Ordinance (Cap. 92) (“the JORC Ordinance”) in place .࣓ኣ̇ؒɁࡗઐᔈկࡗผૈ of the then Judicial Service Commission 1.3 ܧԝcկࡗผؿᓻॶȽగ˞ɎԑඖΉϷ ւొԜ෮ӮֶАˮઐᔈz Functions of JORCٽ ॠؿි໤h 1.3 Under the JORC Ordinance, the functions of theيa) ̇ؒᓻϽ) ৻ૈͧొˮؿ͇߸c Commission are to advise and make recommendationsרb) ̇ؒɁࡗగ) – ւᔝʍʀկ to the Chief Executive regardingٽܧϤ໮͇߸Ɍ຤ͅϷ ࡗผhʥ ;Ϸ (a) the filling of vacancies in judicial officesͅ˿ֶעc) ᄧᚊ̇ؒɁࡗϤ˿ʀ߯) ւᔝʍʀկࡗผؿͨЄԑඖe (b) such representations from a judicial officerٽܧ concerning conditions of service as may be referred ֺτ̇ؒᓻϽяढ़Ƀկࡗผؿᓻᚬ to it by the Chief Executive; and 1.4 Ɂࡗઐᔈؒ̇כᆲ௼c஛ԒᓻϽɰ໯Ͷ (c) any matter affecting judicial officers which may be e 1 ٲڃկࡗผૈԝ prescribed or which the Chief Executive may refer to the Commission. 1.4 All Judicial Offices are within the purview of the Commission. They are specified in Schedule 1 to the JORC Ordinance. 1 ଱ȹ௃ CHAPTER 1 ઐᔈկࡗผؿկࡗ Membership of JORC ୂιʥկͨ Composition and Appointment ๑̇ؒɁࡗઐᔈկࡗผૈ 1.5 As prescribed by the JORC Ordinance, theܘ 1.5 ԝcկࡗผͅ˞ɎɁɡୂιiͅୄᄗؒ Commission consists of the Chief Justice as the Chairman, the Secretary for Justice and seven other ̇ܧ܁ܢ˳ڬ৑ࠖ࢐ؒւˮͨ˚࢐cկࡗ ւկͨؿɁɡe members appointed by the Chief Executive, consistingٽܧʥԯˢ7ΊͅϷٽ̇ ࢑d of two judges, one barrister, one solicitor and three other܁Ίؒւd 1 Ίɣ 2 ܢ˳஛ 7 ΊɁɡ .ਨพಲᗐؿɁ persons who are not connected with the practice of law܁࢑cʥ 3 Ίၤؒ܁Ί 1 ɡe 1.6 The Chief Executive is required by the JORC 1.6 τᗐկͨɣ܁࢑ʥ܁࢑ʿࠍcϷܧ Ordinance to consult the Bar Council of the Hong Kong Ɂࡗઐᔈկࡗผૈԝʗ Bar Association and the Council of the Law Society ofؒ̇ܘւ඘ٽ Пጺ໺ࠗಋɣ܁࢑ʔผਨϷկࡗผʥࠗಋ Hong Kong regarding the appointment of the barrister ւ௖ୄʋ˿կͨ and the solicitor respectively. The Chief Executive mayٽܧ࢑ผଉԑผc੹Ϸ܁ ԯˢӀτᏵ੡ɐ߸ਿพ྆᛽ઐᔈؿɁɡe however appoint a person other than a person recommended by the respective professional bodies. ࣓ኣ̇ؒɁࡗઐᔈկࡗผૈ 1.7 ւ೽ʀ࣊ 1.7 As provided by the JORC Ordinance, an appointedٽܧԝcᏵկͨؿկࡗ˿ΉϷ ᔴ member may resign his office by notice in writing to the܃Ϥᖽᓻc˞ʥ඘Εͨᓻ 2 αكࠍ஝ ᓻcЎτ༅ࣟʹᏵկͨe Chief Executive and shall vacate his office after two years, but shall be eligible for re-appointment. ಲ༅ࣟᏵկͨؿɁɡ Certain Persons Ineligible Ɂࡗઐᔈկࡗผૈԝஃց 1.8 The JORC Ordinance provides that a person shallؒ̇ 1.8 Ɏ߸Ɂɡɺ੡Ᏽկͨݯկࡗผկࡗi͓ؒ not be appointed to be a member of the Commission if ؿᓻϽ৖ he is a member of the Legislative Council; or he holds aټผᘪࡗcֶˮͨ˿Ԕτঽͤ ւᓻϽ̔ؿɁɡcϤ໮ᓻϽؿᑀ༭Ͳ pensionable office (other than the office of a judge) theؒ ˢܰ emoluments whereof are payable wholly or partly out ofڈ஫ֶ஫ʗܰͅʔͳνɃᖔ˟ؿc৖ ۹৥cԎɰగԯଊࣂֺˮͨ public revenue, unless he is on leave prior to retirementکΕАঽ̳ͤ ৻౨ֺผ˟೽ˢؿঽͤ and has already received official notification of theרؿᓻϽֶᓻΨؿ ᙔԝ̔e pension which will be payable to him for service whichڬcّكಁᔾᏵ੡̳β஝ټ comprised service in the office or post of which he is the holder. 2 ଱ȹ௃ CHAPTER 1 կࡗ Membership 1.9 ͨ౨ͅ 2001 α 7 ˂ 1 ˀϭ 2003 α 1.9 The Members of the Commission for the term from July 2001 to 30 June 2003 were re-appointed by the 1 כւٽܧˀؿկࡗผկࡗ஭ͅϷ 30 ˂ 6 2003α6˂ʹ۹կͨcͨ౨2αcଊࣂկ Chief Executive for another two-year period in June – ࡗผؿιࡗΣɎz 2003. The current membership is as follows ๫ಳ˚࢐ʥ๫ಳկࡗ Ex officio chairman and member ୄᄗؒ৑ࠖ࢐ؒւңਝॶ˚࢐ The Honourable Chief Justice Andrew LI Kwok-nang (Chairman) ٽ̇̇ܧ܁ષෲ໱ɤɡ, GBM, JP The Honourable Elsie LEUNG Oi-sie, GBM, JP (Secretary for Justice) ւؒ Judges ஹͰ෿ؒւ The Honourable Mr Justice Patrick CHAN Siu-oi ధᒄਥؒւ The Honourable Mr Justice PANG Kin-kee ɣ܁࢑ʥ܁࢑ Barrister and solicitor ңҁ௩༅૯ɣ܁࢑, JP Miss Gladys Veronica LI Chi-hei, SC, JP (barrister) ᇞКࡄ܁࢑, JP Mr Herbert TSOI Hak-kong, JP (solicitor) ਨพಲᗐؿɁɡ܁ၤؒ Persons not connected with the practice of law ඟਝ຤௟ɡ, GBS Dr Victor FUNG Kwok-king, GBS ஹ̷౸ͱ́, GBS, JP Mr CHAN Wing-kee, GBS, JP ࡄઠ઒, GBS, JPڌਜ਼ Professor CHANG Hsin-kang, GBS, JP ፣ȹe 1.10 Bio-data of the Chairman and members are atڃכ࢐ʥկࡗؿᓯዃ༗˚ 1.10 Appendix 1. 3 ଱ȹ௃ CHAPTER 1 Procedure and Voting Requirements ڬҺஃٲೡѵʥ ೡѵ Procedure я̇ͅ 1.11 The procedure and voting requirements of theڬҺஃٲկࡗผؿೡѵʥ 1.11 Commission are laid down in the JORC Ordinance. The Ɂࡗઐᔈկࡗผૈԝஃဳe˚࢐ட΃ؒ Chairman and no fewer than six other members may 6Ίԯˢկࡗ˿ϷԚʥਨϷկࡗผכɺʭ exercise and perform any of the functions, powers and ؿͨЄᓻॶdᚬɈʥᓻஐeݯկࡗผͨЄ duties of the Commission. For the purposes of any ผᘪؿ͌ؿcΣୄᄗؒ৑ࠖ࢐ؒւɺॶਨ meeting of the Commission, if the Chief Justice is unable Ϸ˚࢐ᓻ৻cˮ࢐໮ωผᘪؿկࡗ˿ᔄҺ to act as Chairman, those members present at that ᘪկͨˢࠨԯɻͨЄȹɁອଉԯᓻ৻cԎ meeting may by resolution appoint any of their number ໮ผᘪɻϷԚԎᄚ to act in his place and in so acting to exercise andכΣϊອଉᓻ৻ࣂcכ .Ϸ˚࢐ؿֺτᓻॶeΣͨЄᏵկͨؿկࡗ perform all the functions of the Chairman at that meeting ւ If any appointed member is absent from Hong Kong orٽܧɺΕࠗಋֶɺॶਨϷկࡗᓻ৻cϷ կͨ̊ȹɁᅗࣂອଉ໮կࡗؿᓻ৻e is unable to act, the Chief Executive may appoint another˿ person to act temporarily as a member. Voting Requirements ڬҺஃٲ Εկࡗผผᘪɻc˞ɎؿҺᘪЩᙔ 1.12 At a meeting of the Commission, a resolution is 1.12 τࢽz effective if – a) where 7 members are present, at least 5 vote
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