HONG KONG — The Hong Kong government is failing to act on judicial nominations despite an acute shortage of judges, sources told Nikkei Asia, raising further concerns over the functioning of the legal system under tightened control by Beijing.
Three out of six potential High Court judges put forward by the Judicial Officers Recommendation Commission (JORC) in its last round of suggestions in 2021 were never appointed by the city’s leader. One candidate pulled out of the process due to concerns over sweeping changes in the legal landscape made by the national security law that Beijing imposed in mid-2020, while another failed to pass a background check, three people with knowledge of the matter said.
The gap is unusual, according to legal professionals and academics. And since 2021, the commission has not recommended any full-time judges for appointment to the High Court, which deals with key civil and commercial matters as well as serious criminal offenses. That includes the high-profile case against pro-democracy media tycoon Jimmy Lai, which is only being heard now, nearly three years after he was charged in April 2021 under the national security law.
Amid the shortfall of appointments, national security cases like Lai’s have been pushed back repeatedly and a record number of defendants are behind bars awaiting trial.
Only 161 of 211 positions within the judiciary are filled, with the highest ratio — 36% — of vacancies at the High Court judge level. In light of the deficit, the judiciary launched a recruitment drive advertising vacancies for the High Court in October last year.
Yet of the six judges nominated in 2021, only Justice Johnny Chan, Madam Justice Yvonne Cheng and Madam Justice Anna Lai were appointed. Nikkei Asia decided against naming the senior counsels who were not appointed due to the sensitivity of the matter.
“This shortage is plainly appalling in terms of how it prolongs legal limbo for defendants,” said Alvin Cheung, a nonresident affiliated scholar at New York University’s U.S.-Asia Law Institute who was previously a barrister in Hong Kong. “It is, however, also a major problem for businesses involved in or contemplating litigation in Hong Kong.”
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