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Bar welcomes Sir Noel Anderson top court appointment

about 20 hours ago5 MIN
Bar welcomes Sir Noel Anderson top court appointment

Summary

Chief Executive John Lee Ka-chiu has accepted the Judicial Officers Recommendation Commission’s recommendation to appoint Sir Noel Anderson (區諾德) as a non-permanent judge from another common law jurisdiction at Hong Kong’s Court of Final Appeal, with the formal appointment to follow Legislative Council consent under the Basic Law and the Hong Kong Court of Final Appeal Ordinance. Anderson is a former permanent judge of the Supreme Court of New Zealand, where he served until retiring in April 2017, and he later sat as an acting judge there until April 2022. Chief Justice Andrew Cheung Kui-nung welcomed the recommendation, saying the number of such overseas non-permanent judges would rise from five to six and improve flexibility in handling the court’s work. The Hong Kong Bar Association also welcomed the appointment, saying overseas non-permanent judges link Hong Kong with the legal profession in other common law jurisdictions and help develop the city’s distinctive jurisprudence.

Key Points

  • The government announced on 16 October that John Lee had accepted the commission’s recommendation and would make the appointment after LegCo consent.
  • The appointment would be made under Article 88 of the Basic Law and section 9 of the Hong Kong Court of Final Appeal Ordinance.
  • Anderson joined New Zealand’s Court of Appeal in 2006, was elevated to its Supreme Court in 2013, and retired in April 2017
  • He then served as an acting judge of New Zealand’s Supreme Court from April 2017 to April 2022, before later judicial roles in Fiji and the Cook Islands
  • The Bar Association said experienced and respected judges from other common law jurisdictions make a significant contribution to Hong Kong’s rule of law.

Why It Matters

For court users and litigants, a larger pool of overseas non-permanent judges could give the Court of Final Appeal more flexibility in listing and hearing cases. The government and the Bar Association are also presenting the appointment as support for Hong Kong’s common law links, judicial independence and continued legal development.

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