It was my honour and privilege to have the opportunity to attend and say a few words as President of the Law Society at the farewell sitting for Chief Justice Andrew Li on 16 July.

The occasion was a testimony to the high regard in which the retiring Chief Justice is held. Over 100 guests gathered at the courtroom of the Court of Final Appeal to bid farewell to him. It was a moving occasion which, I am sure, will remain as one of the most memorable court sittings in the history of the Judiciary.

Independence of the Judiciary

Chief Justice Li took over the reins of the Judiciary in an era of uncertainty when the unprecedented constitutional concept of ‘one country, two systems’ was implemented in Hong Kong. The Judiciary plays a critical role in the building up of public confidence in this innovative concept.

As stated in its mission statement, the Judiciary is:

“To maintain an independent and competent judicial system which upholds the rule of law, safeguards the rights and freedoms of the individual, and commands confidence within and outside Hong Kong.”

Throughout his tenure, Chief Justice Li has advanced the mission of the Judiciary faithfully and fearlessly. The huge turnout at his farewell sitting and the recognition of his achievements both by the legal and judicial circles and the general public is proof beyond reasonable doubt of the high regard in which Chief Justice Li is held and that his mission has been accomplished.

In the process of the development of constitutional jurisprudence under ‘one country, two systems’, unavoidably, the courts face exciting challenges on important constitutional issues including, for example, the cases on right of abode in 1999. By reason of the nature of their subject matter, the judgments were bound to be controversial, whatever the outcome.

It is to the credit of Chief Justice Li that despite these inevitable controversies, for more than a decade since the reunification, public confidence in the Judiciary and the rule of law remains high. There is confidence, domestically and internationally, that our courts will rule on critical and controversial cases without fear, favour or prejudice.

‘Justice which is not affordable or delayed will amount to a denial of justice’
On the basis of this principle, Chief Justice Li embarked on a transformation of the legal landscape to ensure that all citizens have access to justice at reasonable cost and speed. The Civil Justice Reform introduced in April 2009 was the culmination of strong determination and years of effort of a dedicated team under the leadership of Chief Justice Li.

‘The Judiciary belongs to and serves the community’
This is the much-quoted saying of the Chief Justice Li. More importantly, he practises what he preaches.

To serve the community better, the Judiciary has taken positive steps to enhance the quality of its services. For many years, the Registries in the Lands Tribunal and the Small Claims Tribunal, the Bailiff section, the Registries and Support Services of the Magistracies have all been awarded ISO 9001:2000 certification.

Members are encouraged to read the other articles in this issue relating to Chief Justice Li’s contributions and achievements during his tenure.

Welcome to new Chief Justice Ma

Chief Justice Li is a hard act to follow. Fortunately, he has left the Judiciary in the hands of another capable judge, the new Chief Justice designate, Geoffrey Ma. On behalf of the Law Society, I wish to take this opportunity to welcome Mr Justice Ma and to thank him for
taking on this huge responsibility. His extensive experience well equips him for the challenging tasks that lie ahead.

It is customary to have a wish list for any new commander. My wish list for Mr Justice Ma as the new head of the Judiciary is a long one:

(a) to safeguard the independence and integrity of the Judiciary;
(b) to uphold the rule of law;
(c) to recruit high quality judges at all levels;
(d) to ensure access to justice for all;
(e) to remain alert to the changing needs of society in the course of the administration of justice;
(f) to improve the efficiency and effectiveness of public services provided by the Judiciary so that they strive to be as user-friendly as possible;
(g) to modernise and utilise technology wherever practicable to enhance the administration of the judicial system;
(h) to expedite the Judiciary’s approval process in relation to legislative changes proposed by the Law Society so that the proposed changes will not become outdated by the time approval is granted;
(i) to expedite the implementation of higher rights of audience;
(j) to review regularly reforms implemented under Civil Justice Reform to ensure that they genuinely achieve the aims for which they were formulated;
(k) to review regularly the role of mediation in the administration of justice and the discrepancy, if any, between the intention behind its hailed role and the actual implementation; and
(l) to encourage judges to share views on court practices and other topical issues with legal practitioners through more active participation in seminars.

Members are welcome to give me their wish lists and expectations of the new Chief Justice. I will certainly convey them to Mr Justice Ma. As officers of the court, we are committed to work together with the Judiciary to achieve the cherished goal of justice for all.

In conclusion, I wish Chief Justice Li a well-earned and restful retirement. His exceptional contribution will always be remembered. As the new head of our Judiciary, Mr Justice Ma inherits a strong Judiciary and I wish him a successful and productive tenure.