Nomination process for judges defended amid quit claim over security concerns

Staff reporter

Judicial officers are appointed according to law and judges handle trials independently, Chief Executive John Lee Ka-chiu says in response to a Japanese newspaper claiming a potential High Court judge quit during the appointment process in 2021 citing concerns over the national security law.

Nikkei Asia said three out of six potential High Court judges backed by the Judicial Officers Recommendation Commission were never appointed by then chief executive Carrie Lam Cheng Yuet-ngor.

The publication said one candidate failed to pass a background check while another quit due to concerns over the national security law's impact on the city's legal environment.

Among the six recommended candidates - Johnny Chan Jong-herng, Anna Lai Yuen-kee and Yvonne Cheng Wai-sum - were appointed as High Court judges. The three who were not appointed were not identified.

The judiciary did not comment on the nominations in 2021 but told Nikkei Asia it had "received encouraging responses ... particularly from middle-ranking members of the legal profession to the recruitment drive for district judges."

Nikkei Asia also reported only 161 of 211 positions within the judiciary were filled at this time, with the vacancy rate at the High Court at 36 percent.

Lee yesterday said all judicial officers are appointed in accordance with the Judicial Officers Recommendation Commission Ordinance.

"All judges or judicial officers are appointed on the basis of their professional experience. We will handle the appointment according to the law," he said. "Judicial officers have always been handling cases according to their oaths, professional experience and legal knowledge. All Hong Kong judges hear cases independently without any interference. They have a good reputation around the world and are well respected."

Lee said the security legislation had nothing to do with judges' performance of duty, and judges should handle cases according to the law and evidence with professional spirit.

Asked if the legislation of Basic Law Article 23 would aggravate the legal sector's concern over security issues and increase the vacancies among judges, Lee said the law is Hong Kong's constitutional responsibility and can ensure the city's safety.

"The most important principle of Article 23 is that we should protect ourselves if anyone endangers national security," he said.

"It's a law that protects our safety. If no one offends us the law will not be used at all.

"For example, a person must have a door and lock to make sure no one can enter his house for burglary. So Article 23 can ensure every Hongkonger lives safely and normally."