Judges and judicial officers to come under more checks
Top News | 4 May 2022
Jane Cheung
Judges and judicial officers face an additional round of appraisals, with performance evaluations and management being stepped up.
Since the social unrest in 2019, more cases involving protest and social activism have gone before the courts, and judges have been under scrutiny for their rulings, speeches and behavior.
That led to the Judiciary announcing yesterday that an annual review board will be introduced to allow heads of courts and judges from higher courts to discuss and evaluate work performances of judges and judicial officers of all ranks.
The reviews will be done in a "comprehensive, objective, systematic and integrated manner," according to a statement. It added that board members will also evaluate the needs for training and development.
It is understood that appraisals could be introduced in the seven magistrates' courts this year and then extended to the District Court and the High Court.
The Judiciary noted that when planning for legal training courses or reshuffling, the heads of courts check evaluation reports and work performances.
They also look at comments made by High Court judges about others - typically found in appeal case judgments - to gain a comprehensive overview.
Under an existing mechanism, the Judicial Officers Recommendation Commission makes recommendations on appointment of judges and judicial officers to the chief executive based on work performances and assessments of legal and professional qualities.
Under the principle of judicial independence, the statement went on, a system and measures must not intervene in the rights of judges and judicial officers "to handle each case independently based on legal principles and relevant evidence."
Asked about the new appraisals yesterday before she went into an Executive Council meeting, Chief Executive Carrie Lam Cheng Yuet-ngor said she had not discussed changes in the system with the Judiciary or Andrew Cheung Kui-nung, the chief justice of the Court of Final Appeal.
"In fact, I only knew about this from reading the news, which makes me the same as you," she said. "Regardless, I can say for sure that this kind of administrative measure will not affect judicial independence. Every judge has to take an oath upon appointment and in their oath it is very clear that they have to exercise their duties in a fearless and fair manner."
She said judicial independence has been and will continue to be one of Hong Kong's biggest strengths.
According to the Basic Law, a judge can only be removed for misbehavior or an inability to discharge their duties based on the recommendation by a tribunal appointed by the chief justice and consisting of more than two local judges.
jane.cheung@singtaonewscorp.com
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