The Judicial Staff Recommendation Committee, which is responsible for recommending judge appointments, disclosed in its annual report yesterday (22nd) that Dai Qisi, the former chairman of the Bar Association, resigned as a member on August 6 this year. But after three months, Chief Executive Carrie Lam Cheng Yuet-ngor has yet to appoint a replacement. When Dai Qisi replied to the “Position” inquiry, he confirmed that he had resigned, and said that a few months ago, the Bar Association had nominated candidates for succession, but it was not clear why the appointment was delayed. The “Position” is making inquiries with the Chairman of the Bar Association, Xia Boyi, and the Chief Executive’s Office has replied that the appointment of committee members is being processed by the government and will be announced in due course.
According to Article 88 of the Basic Law, judges in various courts in Hong Kong must be recommended by an independent committee composed of local judges, members of the legal profession, and other prominent figures, and appointed by the Chief Executive. The “Independent Committee” is the “Judicial Officers Recommendation Committee” and was established on July 1, 1997.
Dai Qisi: I do not know why the appointment is delayed
Dai Qisi was appointed as a member of the committee earlier, but when he responded to the “Position” inquiry today, he said that he had resigned a few months ago. He also explained that alternate members of the committee can be listed in accordance with Article 92 of the Ordinance; he believes that when the Judicial Officers Recommendation Committee has vacancies for members, and the vacancies are representatives of the Bar Association, the chief executive should consult the new candidates of the Bar Association. But he also stated that the chief executive has the right to reject candidates and appoint others.
He also revealed that he learned that the Bar Association had previously recommended candidates for his vacancy, but he did not understand why there was a delay (I have no idea why there is a delay). people.
When asked whether according to past practice, people recommended by the Bar Association have always been elected as members, he said that according to his understanding when he was the chairman of the Bar Association, the general association would accept candidates recommended by the Bar Association.
The law states that the Bar Association can recommend candidates
According to the Judicial Officers Recommendation Committee Ordinance, Chapter 92 of the laws of Hong Kong, the Judicial Officers Recommendation Committee is composed of the Chief Justice of the Court of Final Appeal, the Secretary of Justice, and 7 members appointed by the Chief Executive. The 7 appointed members include 2 judges, 1 barrister and attorney each, and 3 persons who the chief executive believes are completely unrelated to legal practice.
Before making an appointment under Section 1A (1)(c)(ii), the Chief Executive shall consult the Executive Committee of the Hong Kong Bar Association on the appointment of barristers and the Council of the Hong Kong Bar Association on the appointment of solicitors. According to Regulation 1B, the Executive Committee of the Bar Association may recommend any barrister to the Chief Executive for the appointment, but the Chief Executive may appoint others who are not so recommended.
“Sing Tao”: Xia Boyi does not recommend Su Langnian as a committee member
“Sing Tao Daily” reported in August this yearAccording to tradition, the newly retired SBA chairman was recommended as a member of the “Judicial Officers Recommendation Committee”. However, reports indicate that the current chairman of the Bar Association, Xia Boyi, decided to abandon his position as a member at the same time and nominate a member of the SBA’s Executive Committee after he did not seek re-election. Senior Counsel (Neville Sarony) was appointed as the Senior Counsel.
The news quoted by “Sing Tao” also mentioned Su Langnian’s political stance, referring to Su Langnian in the Asia Times (Asia Times) in 2019, saying that “Meddling Xi undervalues Hong Kong people” (Meddling Xi undervalues) people), and said on its social platform the next day that the article was “A Christmas gift from President Xi.”