Appointment of non-permanent judge from another common law jurisdiction of the Court of Final Appeal

The following is issued on behalf of the Judiciary:

     The Chief Justice of the Court of Final Appeal, Mr Geoffrey Ma Tao-li, today (May 22) welcomed the acceptance by the Chief Executive of the recommendation of the Judicial Officers Recommendation Commission on the appointment of the Right Honourable Lord Jonathan Sumption as a non-permanent judge from another common law jurisdiction of the Court of Final Appeal. The Chief Justice noted that the Government would be seeking the endorsement of the Legislative Council of the recommended appointment.

     The Hong Kong Court of Final Appeal Ordinance (Cap. 484) provides for a list of non-permanent Hong Kong judges and a list of judges from other common law jurisdictions. Currently, there are four non-permanent Hong Kong judges and 14 non-permanent judges from other common law jurisdictions. The maximum number of non-permanent judges is 30. In hearing and determining an appeal, the Court of Final Appeal is constituted by five judges, i.e. the Chief Justice, three permanent judges and one non-permanent Hong Kong judge or one non-permanent judge from another common law jurisdiction.

     The recommended appointment of Lord Sumption to the Hong Kong Court of Final Appeal will increase the number of non-permanent judges from other common law jurisdictions from 14 to 15 and will provide greater flexibility for dealing with the caseload of the Court of Final Appeal.