Differing opinions behind Patrick Hodge’s appeal judge appointment

Pro-establishment lawmakers are questioning foreign judges’ understanding of the Basic Law and Hong Kong’s “One Country, Two Systems”, while authorities said the appointed foreign judges are all experts in common law, having the ability to understand the city’s Basic Law.

In a meeting of the subcommittee on Proposed Senior Judicial Appointments held this morning, DAB lawmaker Holden Chow Ho-ding and Elizabeth Quat both questioned if foreign judges have sufficient knowledge about Hong Kong’s “One Country, Two Systems” and the Basic Law.

“It is essential that the judges understand Hong Kong’s constitutional principles, as the cases they handle will affect the city’s constitutional order,” said Chow.

Judiciary Administrator Esther Leung Yuet-yin responded that appointing foreign judges as non-permanent judge of the Court of Final Appeal is a long-standing practice.

“Candidates of judges put forward by the Judiciary are all from other common law jurisdictions, it is undoubtedly that they are familiar with the Basic Law,” Leung explained.

She also added that the court will supply the judges with sufficient references before the hearings, to facilitate them to understand the law and make rulings.

Legal sector lawmaker Dennis Kwok Wing-hang stressed that the foreign judges are capable to read, saying it is not a problem for them to understand the words stated in the Basic Law.

“Apart from appointing more foreign judges to sit in Hong Kong’s Court of Final Appeal, I hope the judges could uphold the separation of powers in Hong Kong,” Kwok added.

Lord Hodge’s appointment as non-permanent judge of the Court of Final Appeal was accepted by Chief Executive Carrie Lam Cheng Yuet-ngor in early October, now awaiting the LegCo’s endorsement.