Admin & Civic Affairs

Overseas judges aid confidence

(September 25, 2015)

Having judges from other common law jurisdictions like the UK and Australia in the Court of Final Appeal is a unique arrangement under the Basic Law.
 
The Department of Justice said today this setup is conducive to the development of common law in Hong Kong and enhancing its exchange and interaction with other common law jurisdictions.
 
It also inspires the international community's confidence in Hong Kong's judicial independence and rule of law.
 
Overseas judges' involvement in the handling of appeals by the Court of Final Appeal will not be constitutionally inconsistent with the Basic Law which clearly provides for such an arrangement, it said.
 
While the National People's Congress Standing Committee has plenary power of interpretation of the Basic Law, the Department of Justice said it will handle matters concerning Hong Kong's affairs through the legal and judicial systems of Hong Kong within the Basic Law framework.