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Hong Kong Government: Shi Juemin's resignation as a non-permanent judge of the final court did not mention the reason for the Chief Executive to deal with the established practice

2020-09-19T15:01:52.619Z


The non-permanent judge of the Court of Final Appeal, Shi Juemin, resigned on the 2nd of this month and was gazetted by the government yesterday (18th). Shi Juemin bluntly stated in an interview with the Australian Broadcasting Corporation (ABC) that the decision to resign was related to the content of the Hong Kong National Security Act (Related to the content of the national security legislation). In response to media enquiries today (19th), a government spokesman stated that Judge Shi Kwok-man did not mention the reason for his resignation. He also pointed out that the Court of Final Appeal Ordinance (Chapter 484) section 14(5) is non-permanent. The judge can resign by notifying the Chief Executive in writing at any time. There is no consultation or approval procedure. According to the established practice, the Chief Executive, as the appointer, exercises the power to revoke the appointment and publish the gazette. The spokesperson emphasized that the Hong Kong National Security Law will never affect Hong Kong's judicial independence and the smooth operation of the judicial system, including the Court of Final Appeal.


Political situation

Written by: Peng Zhuowei

2020-09-19 22:48

Last update date: 2020-09-19 22:48

The non-permanent judge of the Court of Final Appeal, Shi Juemin, resigned on the 2nd of this month and was gazetted by the government yesterday (18th). Shi Juemin bluntly stated in an interview with the Australian Broadcasting Corporation (ABC) that the decision to resign was related to the content of the Hong Kong National Security Act (Related to the content of the national security legislation).

In response to media enquiries today (19th), a government spokesman stated that Judge Shi Kwok-man did not mention the reason for his resignation. He also pointed out that the Court of Final Appeal Ordinance (Chapter 484) section 14(5) is non-permanent. The judge can resign by notifying the Chief Executive in writing at any time. There is no consultation or approval procedure.

According to the established practice, the Chief Executive, as the appointer, exercises the power to revoke the appointment and publish the gazette.

The spokesperson emphasized that the Hong Kong National Security Law will never affect Hong Kong's judicial independence and the smooth operation of the judicial system, including the Court of Final Appeal.

The Basic Law clearly stipulates that Hong Kong enjoys independent judicial power and final adjudication power "No one should doubt"

The government issued this evening saying that Article 2 of the Basic Law clearly stipulates that Hong Kong enjoys independent judicial power and the power of final adjudication, while Article 8 stipulates that the common law system will be retained.

The government emphasizes that these are Hong Kong’s unique advantages and favorable conditions. International business organizations also consider them to be important factors for their continued success in Hong Kong. “No one should doubt the Hong Kong Special Administrative Region Government’s commitment to the rule of law and judicial independence.”

The spokesman pointed out that the Basic Law provides an executive-led political system for Hong Kong. At the same time, the Basic Law also ensures the independence of Hong Kong's judiciary.

According to Article 85 of the Basic Law, the courts of the Hong Kong Special Administrative Region shall conduct trials independently without any interference, and judicial personnel shall not be held accountable for their conduct in performing their judicial duties.

Article 82 of the Basic Law states that Hong Kong’s power of final adjudication belongs to the Court of Final Appeal. The Court of Final Appeal may invite judges from other common law jurisdictions to participate in trials as needed.

The Government pointed out that since 1997, famous judges from other common law jurisdictions have been serving as overseas non-permanent judges of the Hong Kong Court of Final Appeal.

There are currently 13 non-permanent judges from overseas.

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The participation of overseas non-permanent judges in the Court of Final Appeal trial proves Hong Kong’s judicial independence

A government spokesman said that the participation of non-permanent and well-known judges from overseas in the Court of Final Appeal trial proves that Hong Kong’s judicial independence helps maintain a high degree of confidence in the local judicial system. It also enables Hong Kong to maintain close ties with other common law jurisdictions.

The spokesperson also mentioned that the Chief Executive thanked these famous judges of the Court of Final Appeal on many different occasions for their valuable contributions to Hong Kong’s legal research and discussion, and emphasized that Hong Kong’s system of appointing judges from other common law jurisdictions has been effective. And will continue to be maintained.

"

A government spokesperson emphasized that the Hong Kong National Security Law will never affect Hong Kong’s judicial independence and the smooth operation of the judicial system, including the Court of Final Appeal.

The government issued this evening stating that Article 2 of the Basic Law clearly stipulates that Hong Kong enjoys independent judicial power and the power of final adjudication, while Article 8 stipulates that the common law system will be retained.

Shi Juemin resigns as a non-permanent judge of the final court

The government gazetted Lam Cheng withdraws the non-permanent judge Shi Kwok-min of the final house to appoint the government: no reason for resignation

Hong Kong version of the National Security Law Court

Source: hk1

All news articles on 2020-09-19

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