Bulletin Number Five 1984

27th Congregation- the workload, I personally feel we might need to have a permanent corps o f three to five judges. But if the number o f appeals does not call for a permanent bench, then I would suggest that in any one year there be two or three temporary sessions each o f a duration o f two or three months. As for the judges for that Court, whether appointed locally or from overseas, there may be a panel o f say ten to fifteen judges, serving on a rotating basis. The appointments o f the Final Court o f Appeal judges may be made by the chief executive on the recommendation o f an independent body similar to the Judicial Services Commission. There are different arguments respecting the exact timing o f establishing such a court. I suggest that the following considerations may help us to make a decision: an earlier start w ill give us more experience, more time to strengthen the confidence o f the court itself and o f people in that court, and it w ill also establish its reputation at an earlier date. Moreover, it w ill give us sufficient time for arrange ments to be made w ith other countries, and the help o f England in this respect w ill also be o f benefit. 5. The Future o f Judicial Independence A fair trial is impossible without an independent Judiciary. It is absolutely necessary that judicial work be carried out strictly in accordance w ith the law and be not influenced by outside factors in any way. The interference o f the Judiciary might come from government o f legislative agencies, or some powerful unofficial or semi-official individuals or bodies, pressure groups, public opinions or the news media. The law has made clear provisions to prevent any words or actions which might influence the adminis tration o f justice. On the basis that both China and Great Britain have agreed to make no basic changes to our legal system, there should be no doubt that the independence o f Judiciary w ill be preserved. The independence o f Judiciary not only ensures impartial trials, it also has the effect o f preventing abuses and excesses by the government so that the people may receive the protection o f the law. The courts are independent, so their work does not come under the control o f an executive department o f government, nor could the legislature interfere. They simply work w ithin the framework o f the law and are not influenced by political considerations. There are a number o f factors which make the independence and impartiality o f Judiciary possible, and they are: (i) A public tria l which enables people to see for themselves that the courts are independent and impartial. (ii) The people recognize it as a tradition worth preserving. (iii) Freedoms o f speech and the press act as a check upon judicial work. (iv) An independent and purely private legal profession uninfluenced by any side also acts as a check on the Judiciary. (V) The guarantee o f judges' salary, pension, security o f tenure and career advance ment also helps the independence o f Judiciary. (vi) The executive departments o f Hong Kong Government fu lly realize the long-term benefit o f an independent Judiciary and therefore restrain themselves from inter fering w ith the work o f a court. (vii) The people similarly respect this principle. (v iii) The relevant government departments conscientiously execute the court's orders and adopt a cooperative attitude. The Draft Sino-British Joint Declaration in its Annex I clearly indicates that the Judiciary w ill be independent after 1997. Firstly, the principle o f separation o f three powers, and our independent judicial power, including that o f final adjudication, have also been taken into account. Secondly, it is clearly stipulated that the courts shall exercise judicial power independently and free from any interference. This guarantee serves to strengthen our confi dence in Hong Kong's future. 6. Conclusion The foundation o f the Judiciary is the people's confidence and support, and these are cultivated over a long period o f time by the performance and personal character o f the judicial officers. In this regard, judicial workers need always be vigilant and preserve the fine tradition o f the Judiciary. In this short address, I have briefly discussed the position o f the judicial system in the fifty years after 1997. In the sixty-three years from now, and the period after that, the development and evolution o f the judicial system depend on people in all walks o f life in China as well as Hong Kong. It w ill be their effort and cooperation which w ill bring about harmony and balance w ithin the society o f the whole nation. 12 NEWS