- Mr Justice Andrew Cheung Kui-nung will take over top job at an extraordinarily difficult time, and must ensure city’s judicial system maintains its reputation for high quality, impartial, free and fearless judgments
The appointment of a new chief justice is a rare occurrence in Hong Kong. There have only been two leaders of the judiciary since the city returned to Chinese sovereignty in 1997. Next year, there will be a third. Mr Justice Andrew Cheung Kui-nung will take the helm on January 11 if, as expected, lawmakers approve his appointment. He will be taking on a big job at an extraordinarily difficult time.
The chief justice bears a heavy responsibility for upholding the independence of the judiciary, and the rule of law. The top judge needs to provide strong leadership and sharp administrative skills. He must have the strength of character and authority to promote and defend the core principles of the city's legal system, including the protection of rights enshrined in the Basic Law.
Cheung will face many challenges. Court proceedings have been disrupted by the coronavirus. Hundreds of cases relating to anti-government protests are pending. The courts have become a target for politically motivated attacks by critics on both sides of the political divide when unhappy with this or that judgment. Such attacks are unacceptable. But the new chief justice needs to maintain public confidence in the integrity of the judicial system and improve public understanding of the way the courts work.
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Cheung must also keep up morale among the judges who will face a heavy workload and a high-pressure working environment. The judiciary is struggling to attract talented barristers to the bench. Giving the judges a pay rise and extending their retirement age to 70 will help, but more must be done to bring in top talent. The judiciary must also move with the times and embrace new technology when it can improve the efficiency and transparency of the legal system.
Cheung is well-placed to take on the role. He is the first "home-grown" chief justice, having studied law at the University of Hong Kong. He was a barrister for 15 years before joining the judiciary and rose quickly through the ranks. His seven years as chief judge of the High Court will have provided him with valuable administrative experience. And his role as a judicial review specialist, handling cases that often have political overtones, will prepare him for the inevitable controversy that tends to surround certain judgments. Cheung has been described as a conservative judge, a term which is open to different interpretations. The current chief justice, Geoffrey Ma Tao-li, was described in similar terms when taking the job in 2010, but has proved to be a strong defender of the rule of law.
Cheung will know the prime responsibility of the chief justice is to ensure that Hong Kong's judicial system maintains its reputation for high quality, impartial, free and fearless judgments. In these difficult times, the integrity of the system is more important than ever.
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