Basic Law allows for overseas judges: SJ

November 06, 2012

Secretary for Justice Rimsky Yuen says judges and other judiciary members are chosen on the basis of their judicial and professional qualities, and can be recruited from other common law jurisdictions under the Basic Law.
 
Noting recent public discussions on the matter, he said the law also provides that the Court of Final Appeal can invite judges from other common law jurisdictions to sit on the court.
 
It also stipulates that the Chief Justice of the Court of Final Appeal and the Chief Judge of the High Court shall be Chinese citizens who are permanent residents of Hong Kong with no right of abode in any foreign country.
 
He said it is important and beneficial for Hong Kong to maintain a link with other common law jurisdictions.
 
"The presence of overseas non-permanent judges helps to enhance the international reputation of our Judiciary. Any proposal to impose nationality or residence requirements would unduly restrict the pool of talents that can be appointed as judges."