CHINA DAILY | HONG KONG EDITION Thursday, May 13, 2021 | 9 COMMENTHK CJ’s bold move on judicial HK’s elderly deserve retirement security reform deserves support ow that the inocula- tions are rolling out, it is a good time to refl ect on what sort of post- Tony Kwok says Chief Justice Andrew Cheung Kui-nung’s Npandemic society we want for Hong Kong. As well as being one of the proposal can be fine-tuned to take reference from the best world’s wealthiest cities, Hong Paul Surtees Kong has many poor people, with The author is a veteran commenta- tor on Hong Kong social issues. practices of the police and ICAC complaint systems our already unenviable wealth gap widening all the time. With too few of our youngsters o ers a monthly-paid pension to hief Justice Andrew Cheung o ense to make a false complaint against starting families, at the same time retirees. Again, to achieve this, pub- Kui-nung should be com- judicial o cers, to protect them against frivo- as life expectancy is going up, any lic funds would be needed. Think mended for his swift action lous and malicious complaints. future scenario for Hong Kong soci- about it, aren’t our public funds on his review of the current However, this is only the fi rst step of the ety must include a growing number supposed to be used to enhance mechanism on complaints judiciary reform, albeit the most important of citizens living through their citizens’ lives, especially those against judges, having spo- one. To further signify the judiciary’s public retirement years. Over 20 years ago vulnerable ones who made tremen- ken on the issue early this Tony Kwok accountability, the chairman of the Judicial — and rather belatedly — “retire- dous contributions to Hong Kong’s year at the opening ceremony of the Legal The author is an adjunct professor of HKU O cers Recommendation Commission ment protection’’ was addressed by prosperity in their heyday? Space, a council member of the Chinese Year. In a paper submitted to the Legisla- should also be a layman. This commission the setting up of Hong Kong’s Man- The steps proposed above, if C Association of Hong Kong and Macao tive Council last week, it promises sweeping has the important function of nominating datory Provident Fund program. adopted, would help to ensure that Studies, and the former deputy commis- improvements with regard to accountability sioner and head of operations of ICAC. and promoting magistrates and judges for Back in January, my old friend Hong Kong’s coming generations of and transparency in the handling of such the formal approval of the chief executive. It Victor Apps set out in these col- retirees have a livable income and complaints. It consists of a two-tier mecha- is currently chaired by the chief justice, with umns many recommended tech- enjoy a dignifi ed and comfortable nism and will come into e ect in the third plaint system cannot possibly pass his test! members including two judges, the secretary nical steps to enhance the MPF. retirement. quarter of this year. On the other hand, Justice Chow’s judg- for justice, one barrister, one solicitor and (“MPF — A job half done after 20 But even so, these benefi ts would The fi rst tier involves a panel of judges ment, in my view, errs in principle as pointed three eminent citizens. In line with the prin- years in operation’’, China Daily only cover those presently in the tasked with investigating the complaints out in my article “Justice Chow’s judgment ciple of public accountability, the chairman- Hong Kong Edition, Jan 8). Such program. How about those fellow where the cases are “particularly serious, triggers stronger demand for Judiciary’s ship should be taken up by a lay member as is sensible measures would certainly citizens who have already passed complex or a source of public concern”. The reform” (China Daily Hong Kong Edition, the practice of the United Kingdom’s Judicial be welcome. However, let us men- retirement age? Many of them have investigation panel, comprising at least two Nov 26, 2020). Hence the standard he set can Appointment Commission. At present the tion the elephant in the room: no MPF, and as a result are living in judges at the High Court level, would be be ignored. JORC seems to be operating in a black box. Hong Kong’s MPF program will poverty. Their earlier life contribu- responsible for making recommendations Nevertheless, the chief justice’s proposal is At the very least, the JORC should publish an never, as it stands, achieve its tions toward Hong Kong’s fi nancial for resolving complaints, with the help of the certainly a step in the right direction and a annual report for public scrutiny. intended purpose of o ering retire- success should be deemed as their leaders of the relevant courts. vast improvement on the current system in It is gratifying to note that under the new ment protection, meaning the contribution to Hong Kong, and The panel would then submit its investiga- enhancing the public accountability of the chief justice, most of the verdicts and sen- avoidance of poverty in old age. they deserve a monthly pension tion reports and recommendations to the judiciary. Hopefully, this will help the judi- tences imposed on social unrest cases are Most retirement plans around payable to them for their remaining mechanism’s second tier — a committee made ciary recover some of its former respect and much less controversial and seem sensible. the world include contributions years. up of both judges and members of the public credibility. However, it can be fi ne-tuned by Those clearly biased decisions in favor of the from public funds, but not ours. All It is sometimes claimed that our with “profound expertise and experience in taking reference from the best practices of the protesters, which prompted the proposal for the contributions come from the MPF program was designed only as professional, community or public services”. police and Independent Commission Against a sentencing council, are no longer an issue, employer and employee. And the part of the retirement protection The committee would in turn advise the chief Corruption complaint systems. thereby diminishing the urgency for the set- level set for even those contribu- measures needed by each indi- justice on how to handle the complaint. The Firstly, the chairman of the committee ting up of a sentencing council. tions is clearly too low to be able to vidual. However, the stark reality is chief justice would also chair the committee. should be a lay member instead of the chief The chief justice should also conduct a build up a nest egg of a size likely that few of our citizens can a ord The duties of the committee would also justice. To have the chief justice chairing the review on the dress code in court. The sooner to be able to generate enough inter- annuities or other fi nancial instru- include identifying problems in court prac- committee, with both judges and civilians the anachronistic wigs worn by judges and est to live on with dignity during ments, the possession of which tices and procedures that had resulted in as members, would give the perception that barristers in court are consigned to history, retirement. would boost their income during complaints in the fi rst place, and to make the civilians were there merely as window the better. Not only have they become an Apparently, the average indi- retirement. So, the only way to pro- recommendations on improvements to the dressing. To have a layman heading the com- unnecessary reminder of Hong Kong’s colo- vidual member fund held presently tect our growing graying popula- complaint handling mechanism. mittee would immediately impart it with nial past, it also clashes with the fact that hovers at around only HK$250,000 tion from poverty in their twilight After considering the advice of the advi- the air of greater independence, and this is Hong Kong was returned to Chinese sover- ($32,200). Now we come to another years is to o er them a decent pen- sory committee, the chief justice will make a well-established practice of both the IPCC eignty more than 23 years ago. Such inap- major fl aw in the MPF system: No sion when the time comes. a fi nal decision on each complaint. “Having and the ICAC’s Independent Complaint Com- propriate symbolism is actually viewed with pension is payable upon retirement. The proportion of our citizens regard to the seriousness, complexity, degree mittee. The committee should also publish deep contempt by the 1.4 billion Chinese on While the accumulated contribu- living in retirement is growing, and of public attention and other relevant consid- an annual report of its work and host a news the mainland! tions, plus interest generated over longer life expectancy means that erations, the investigation outcome together conference to answer questions from the Furthermore, the chief justice should con- the years, if any, may be taken in they will likely need such fi nancial with the underlying reasons will be posted on media. This would enhance public account- sider a most constructive suggestion by his installments upon retirement, most support for several decades. Hav- the Judiciary website for public scrutiny,” the ability and transparency of the new judiciary eminent peer, Henry Litton, a retired judge are simply paid out to the retiree ing an increasing number of people paper said. complaint system. But the chief justice will of of the Court of Final Appeal, which called as a lump sum.