Background
The Court of Final Appeal (CFA) is the highest court in Hong Kong. It was established in 1997 after the handover of Hong Kong from the United Kingdom to China. The CFA has the power to interpret the Basic Law, which is the constitutional document of Hong Kong.
Appointment of Foreign Judges
The Basic Law provides that the CFA may include non-permanent judges who are not from Hong Kong. These judges are appointed by the Chief Executive of Hong Kong on the recommendation of the Judicial Officers Recommendation Commission.
Qualifications of Foreign Judges
Foreign judges must be eminent jurists who have substantial experience in the field of law. They must also be from common law jurisdictions.
Role of Foreign Judges
Foreign judges play an important role in the CFA. They bring a diversity of perspectives and experience to the court. They also help to ensure that the CFA is independent and impartial.
Benefits of Having Foreign Judges
There are several benefits to having foreign judges on the CFA. These benefits include:
*
*
*
Concerns about Foreign Judges
There are also some concerns about having foreign judges on the CFA. These concerns include:
*
*
*
Conclusion
The appointment of foreign judges to the CFA is a complex issue with both benefits and drawbacks. It is important to weigh the benefits and drawbacks carefully before making a decision about whether or not to appoint foreign judges to the CFA.
Kind regards E. Thompson.
