Senior judicial appointment: non-permanent judge from another common law jurisdiction of the Court of Final Appeal

     The Chief Executive, Mrs Carrie Lam, has accepted the recommendation of the Judicial Officers Recommendation Commission (JORC) 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. Subject to the endorsement of the Legislative Council, the Chief Executive will make the appointment under Article 88 of the Basic Law.

     Mrs Lam said, "I am pleased to accept the JORC's recommendation to appoint Lord Sumption as a non-permanent judge from another common law jurisdiction of the Court of Final Appeal. Lord Sumption was a Justice of the Supreme Court of the United Kingdom since January 2012 until he retired from the office in December 2018. He is a judge of eminent standing and reputation. I am confident that he will be a great asset to the Court of Final Appeal.

     "With the appointment of Lord Sumption, the panel of non-permanent judges from other common law jurisdictions will consist of 15 eminent judges from the United Kingdom, Australia and Canada. The presence of these non-permanent judges manifests the judicial independence of Hong Kong."

     The Court of Final Appeal is constituted by five judges when hearing and determining appeals. Since July 1, 1997, apart from very few exceptions, one of the judges has invariably been drawn from the list of non-permanent judges from other common law jurisdictions to hear a substantive appeal on the Court of Final Appeal.   

     Article 90 of the Basic Law provides that the Chief Executive shall obtain the endorsement of the Legislative Council on the appointment of judges of the Court of Final Appeal. The Government will seek the endorsement of the Legislative Council of the recommended appointment in due course.

    The curriculum vitae of Lord Sumption is in the Annex.