Guidelines in relation to part-time judges and their participation in political activities has been issued. It says while judges enjoy freedom of association, there are restrictions on that freedom to ensure judicial independence and impartiality.
After consultation with the Chief Judge of the High Court, the Chief District Judge and the Chief Magistrate, Chief Justice Andrew Li today issued the guidelines.
Some key points are:
* The common law principles as to when a judge should disqualify himself or herself from sitting in a particular case also apply to both full-time and part-time judges;
* Judicial review cases are not listed before part-time judges;
* Full-time judges should refrain from membership in or association with political organisations or activities;
* A part-time judge may be a member of a political party. However, active participation in a political party's activities is unacceptable. They should not stand as a candidate, nominate or campaign for candidates for elections to the District Council, the Legislative Council, the Election Committee constituted under the Chief Executive Election Ordinance, and the office of Chief Executive.
A part-time judge, or a practitioner considering part-time judicial office, can seek guidance as to whether a form of participation in a political activity is considered inconsistent with part-time judicial office can discuss the matter with the relevant Court Leader who will consult the Chief Justice as appropriate.
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