司法機構宣布晉升高等法院法官霍兆剛(Joseph Paul Fok)為上訴庭法官，他是2010年2月1日才被委任高等法院法官，剛好一年便再升一級，現年才49歲的霍官，前途無可限量。小弟胡亂猜測，高等法院首席法官一位似乎非他莫屬。他被委任為高等法院法官之前，曾經是特委法官(Recorder)，那是私人執業律師晉身高院法官必經之路。由區域法院升上高院，屬內部晉升，要先做暫委高院法官(Deputy High Court Judge)，做得好就可以正式委任，做得不太理想便會間歇性的一時暫委高院法官，一時回復區域法院法官之職，浮浮沉沉。這樣升不到職的表表者是杜麗冰(Esther Toh)，論資歷，她綽綽有餘；論能力，她乏善可陳。連小弟對法律一知半解的人，看她一些上訴判辭，都會搖頭慨歎。她做暫委法官前後十年，依然原地踏步，行人止步。
霍兆剛的仕途，給我的感覺是，他步終審法院首席法官馬道立(Geoffrey Ma)後塵。馬官2000年做Recorder，2001年被委任為高院法官，2002年升遷上訴庭，2003年升為高等法院首席法官(Chief Judge of High Court)，2010年9月1日接任終審法院首席法官，現在才剛過了55歲生日不足一個月，可以再做十年。現時63歲的署任高等法院首席法官鄧國禎(Robert Tang)，原本是上訴庭其中一個副庭長，他並沒有隨着馬道立升遷而繼任高等法院首席法官，其中一個原因是年歲，否則，職位懸空他便可立即補上，不用署任。
霍兆剛另一樣和馬道立相似的地方是，未獲委任為高院法官前高姿態代表政府打官司。馬官在吳嘉寧案(居權案引致人大釋法)代表控方；霍兆剛近年在校本條例、維港滙盧維思的司法覆核及懲教署人員超時補水訴訟都代表政府。其中的玄機是，政府對他們的任命有所承諾。看來霍兆剛再升遷已指日可待。有人說審理陳振聰與華懋争產案的林文瀚法官升為高等法院首席法官的呼聲高，那是比小弟的猜測更不準確的胡謅。如果要升林官，理應在爭產案審結之後，立即升官，可是他現在仍然是高院法官。有些法律界人士，在李國能宣佈提早退休時，猜測律政司司長黃仁龍有機會出任終審法院首席法官一職，那是完全不懂司法界結構，及不闇政情的廢話。
Hi Bill
回覆刪除You have a crystal ball. However, Fok JA is not being elevated as the CJHC but as a PJ upon retirement of Chan PJ later his year:
http://www.info.gov.hk/gia/general/201304/08/P201304080280.htm
He is only 51 and he will have more than a decade to serve the CFA (of course, unless he resigns).
DAVID
I wonder why Mr Justice Johnson Lam is not promoted to PJ instead. Lam JA has way more judicial experience than Fok JA, and was even called to the Bar one year earlier than him. It seems that Lam JA is not particularly favoured by the big bosses.
回覆刪除Hi Both,
刪除I have no insider information. I only made prediction after reading judicial appointments. So basically it was only guesswork. Johnson Lam has not reached the PJ level yet, ability wise. He may have hit the cul de sac being JA. Seniority does not count on the highest level of the hierarchy. It may also to do with "stable". One more factor is, Johnson is a local product. It is to his disadvantage. So far, only Patrick Chan came from HKU among the PJs and he worked all his way from DJ, step by step, to PJ. Ex-CJ Andrew Li was from Cambridge, Bokhary from Middle Temple, Ribeiro from London U. Frankly, it is only my outsider guesswork.
Saved for Chan PJ, I note all present and ex CJs and PJs are silks. I do not know whether this is a in fact a criteria.
回覆刪除Also, a few judges, namely, Riberio PJ, Tang PJ and Fok JA are all on the helicopter track of promotion.
Tang PJ will be retired in a few years' time (if his term is not being extended). My guesswork is Lam JA will be the next PJ.
David,
刪除Chan PJ has no opportunity to take silk since he joined the Judiciary so early in his career. He was in private practice for 11 years then he became DJ. Judicial Officers are never appointed silks once they have joined the Judiciary.
You work in the Judiciary. You know better than me who stands a better chance of promotion.
Don't think Tang PJ was actually on the copter track.
回覆刪除Meanwhile, I'd wonder if Fok PJ would be the next CJ upon Ma CJ's retirement. Some guessed Cheung CJHC would become next CJ, but I don't think he actually will, given the way he rules.
Btw, is Fok PJ a bilingual judge? Or is he of multicultural family background?
It is really too remote to think about CJ's retirement. He is only 58. There can be a lot of changes in between. CJ is not actually bilingual. He cannot read Chinese, I was told. I know nothing about Fok. It is better answered by David or someone works in the Judiciary.
回覆刪除I always wonder there is a career path in the superior court of records of the Judiciary after 1997. It emerges the following office holders would be elevated eventually (saved one exception):
回覆刪除1. Chief Judge of the High Court: Chan J, Leong J (this is the exception), Ma J
2 Companies List Judge: Rogers J, LePichon J, Yuen J, Kwan J
3. Constitutional & Administrative List Judge: Keith J, Hartmann J, Cheung J, Lam J
It also appears to me that, generally speaking, a VP would be considered for appointment as NPJ and a retired PJ will be appointed as NPJ. Also, CJHC is usually directly appointed from the CFI bench.
I wonder my observation is correct or not.
The other observation I would add is after the retirement of Chan PJ, 3 out of the 4 judges (CJ + 3 PJs) of the CFA bench are former members of Temple Chambers (and so do the present SJ).
回覆刪除Brethren.
刪除Ribeiro PJ and Tang PJ will reitre in 2014 and 2015 respectively.Stock VP will retire in 2014.Guess whether Lam VP will be promoted this time?
回覆刪除I have no idea. It is unlikely.
刪除You are such a pretentious moron. Attorneys General get appointed as Chief Justice or puisne justice in most common law jurisdictions, all the time. It was once customary that the Attorney General for England be appointed Lord Chief Justice of the King's Bench. In Hong Kong, you have Denys Roberts, who was transferred straight from the government to the bench. In the United States, you have folks like Robert Jackson and Harlan Fiske Stone. Your ignorance, pretentiousness and arrogance made me want to puke. If you think of it, why shouldn't it be that way?
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