Chief Justice Andrew Li says it has been the greatest honour of his life to serve as the first Chief Justice in the new order, adding he has been greatly enriched by the experience and has no regrets. 

Speaking at a sitting of the Court of Final Appeal to mark his retirement today, Mr Li said one of the most exciting challenges during his tenure has been the establishment of Hong Kong's final appellate court and the development of constitutional jurisprudence in the new order.

The foundation of the new order is 'One country, two systems' with each being part of the principle, he said, adding over the last 13 years, the Court of Final Appeal has made good progress in establishing its stature, and the composition of the Court with one non-permanent overseas judge has worked well.   

"In relation to the interpretation of the Basic Law, the court has authoritatively laid down that a generous interpretation must be given to the guaranteed rights and freedoms, which lie at the heart of Hong Kong's separate system."

Appropriate balance        

In most constitutional cases, he said, a balance has to be struck between the rights and freedoms of the individual on the one hand and the interests of the community on the other.

"In searching for the appropriate solution for our own jurisdiction in constitutional and other cases, considerable assistance is derived from an examination of comparative jurisprudence," he added. 

Noting that decisions of the courts in constitutional cases have widespread repercussions for society, the Chief Justice said judges have the duty of deciding cases in accordance with law without fear or favour.

"The courts are concerned and only concerned with the limits of legality. The courts are not the appropriate forum for debating or resolving political, social or economic issues, let alone one for the ventilation of campaigns for political ends," he reiterated.

Access to justice       

The Chief Justice highlighted another important challenge which Hong Kong's judicial system has faced and will continue to face - to seek to ensure access to justice for all.

"There is no magic solution. All concerned, including the Government, the Judiciary and the legal profession need to consider the matter and make concerted efforts to assist." 

Speaking on the Judiciary, the Chief Justice said while serving the community in a world of rapid change, it has a responsibility to keep its administration under review with a view to making further improvements to ensure that citizens are well served.

To maintain public confidence in the Judiciary and the administration of justice, Judges should observe the highest standards of conduct both in and out of court, he emphasised.

"Over the last 13 years, we have recruited good talent from the legal profession. It is important to maintain momentum in this regard." 

Looking ahead, the Chief Justice said he is confident an independent Judiciary upholding the rule of law and safeguarding the rights and freedoms of the individual will continue to thrive under 'One country, two systems'.

Respectable figure

Noting Mr Li has done an amazing job for Hong Kong, Secretary for Justice Wong Yan Lung said the Chief Justice is very much respected and loved by the community, not just the legal community.

"As a person, he is somebody who pursues excellence, but excellence with a soul. He is a man with deep-down break-up passion for people. A lot of people have been inspired and helped by him in different ways. So we will all miss him. We also acknowledge the contribution and support given to him by Mrs Li over the years.

"Although it is sad to see him go, this is also a time that we should celebrate that we could have somebody so good and dedicated, having served the Judiciary and Hong Kong for so many years."

After over 37 years' work as advocate and judge, Mr Li will cease service on August 31 and proceed on pre-retirement leave on September 1.