| Chief Judge of the High Court of Hong Kong | |
|---|---|
| 香港高等法院首席法官 | |
 | |
| Style | The Honourable |
| Appointer | Chief Executive of Hong Kong on the recommendation of theJudicial Officers Recommendation Commission with endorsement by theLegislative Council |
| Term length | Life tenure (until statutory retirement at age 70, but may be extended by 5 years until age 75) |
| Inaugural holder | Patrick Chan Siu-oi, 1997 |
| Formation | 1 July 1997; 28 years ago (1997-07-01) |
| Chief Judge of the High Court of Hong Kong | |||||||||
|---|---|---|---|---|---|---|---|---|---|
| Traditional Chinese | 香港高等法院首席法官 | ||||||||
| |||||||||
 |
| Politics andgovernment ofHong Kong |
|
|
Court of Final Appeal
Special courts and tribunals: |
Chief Executive Elections |
Documents Consular missions in Hong Kong
|
Related topics Hong Kong portal |
TheChief Judge of the High Court of Hong Kong (CJHC) is the head of theHigh Court of Hong Kong and the President of theCourt of Appeal of Hong Kong. In theHong Kong order of precedence, the Chief Judge is the second most senior administrative judge for the courts system, second only to theChief Justice of the Court of Final Appeal of Hong Kong.[1] The position of Chief Judge is the broad equivalent of theMaster of the Rolls in the courts system ofEngland and Wales.
Jeremy Poon is the 5th and current Chief Judge of the High Court of Hong Kong, having taken up the post in December 2019.[2]
The Chief Judge heads the High Court of Hong Kong, which deals with criminal and civil cases that have risen beyond the lower courts. While the High Court consists of theCourt of Appeal and theCourt of First Instance, the Chief Judge himself generally only presides overappellate cases in the Court of Appeal, usually together with two other Justices of Appeal.[3] The Chief Judge sits alone in theCourt of First Instance to hear contested applications for the ad hoc admission of overseas counsel to the Hong Kong Bar.[4][5]
In accordance with the Basic Law, the Chief Judge is appointed by theChief Executive based on the recommendation of theJudicial Officers Recommendation Commission (JORC), and made official after receiving approval from theLegislative Council. The Chief Judge, along with the Chief Justice, is one of two positions in the Hong Kong Judiciary that has a nationality requirement (no dual nationality allowed).
The Chief Judge is the Court Leader of the High Court and the President of the Court of Appeal, and is responsible for ensuring the 'efficient utilisation of judicial resources and court time, for advising the Chief Justice on matters of policy concerning the operation and development of the High Court'.[6]
From a judicial stand point, the role of the Chief Judge is equivalent to a Justice of Appeal (but with a seniority ahead of both a Justice of Appeal or a Vice-President), and comes with significant additional administrative responsibilities.[7] This may lead to justices turning down the appointment; for example, after Andrew Cheung's promotion to the Court of Final Appeal, it was reported that the Chief Justice originally askedJohnson Lam to be Chief Judge. However, citing the increase in administrative responsibilities, he turned down this role, which ultimately went to Jeremy Poon.[8]Geoffrey Ma, when he was Chief Judge, stated that he spent "less than 50% of his time in court" as most of his time was consumed over administrative issues.[9] FormerHong Kong Bar Association chairmanRonny Tong SC also said of the post: "The job of the chief judge is mainly administrative and not much relating to giving judgments. So whether the candidate is conservative or not does not matter."[7]
The Chief Judge has the power to admit barristers and solicitors and for implementing Civil Justice Reform. Given the experience of balancing hearing appeals and administrative responsibilities, they are often seen as prime candidates for elevation to the role ofChief Justice.
During a period of absence, an Acting Chief Judge of the High Court is appointed 'until the vacancy therein is filled'.[10] In general, aVice-President of the Court of Appeal is appointed as Acting Chief Judge of the High Court, while a Justice of Appeal may also be appointed during this period if necessary.[11][12][13]
For pre-1997 Chief Justices (equivalent to the present day Chief Judge of the High Court), seeChief Justice of the Supreme Court of Hong Kong
The office of CJHC became vacant on October 25, 2018 when the Honourable Mr Justice Andrew Cheung Kui-nung, who was the CJHC immediately prior to that date, assumed office as PJ of the CFA and vacated the office of CJHC on the same date. To meet essential operational needs, the Honourable Mr Justice Wally Yeung Chun-kuen, Vice-President and Justice of Appeal of the Court of Appeal of the High Court, acted in the office of CJHC for the period from October 25, 2018 to July 31, 2019. With effect from August 1, 2019, Mr Justice Poon, Justice of Appeal of the Court of Appeal of the High Court, has been acting in the office of CJHC until the CJHC vacancy is substantively filled.
| | |