法官空缺

COURTS LACK OF JUDGES A THREAT T0 JUSTICE

As a quarter of city’s judicial positions lie vacant, causing delays in bringing cases to court, Legco panel is warned of potential damage to rule of law. 

Hong Kong is facing a judicial crisis with almost a quarter of the city’s positions for judges and magistrates lying vacant for at least nine months. This has caused a backlog of trials which one lawmaker warned yesterday “deals a blow to the very foundation of the rule of law”.

The judìciary admitted to a Legislative Council panel yesterday that 45 of the 189 posts for judges and magistrates had been vacant since last June, causing delays in the hearing of cases. Judicíary Administrator Emma Lau Yin-wah told Legco’s finance committee she was authorised to start a recruitment exercise last June after several judges retired and others were promoted. But not one new judge has yet been appointed.

Lau said recruitment was "on-going”, with 26 of the vacancies for magistrates - the most junior members of the judiciary. Lawyer and lawmaker Audrey Eu Yuet-mee asked: "The magistrates are the easiest to hire. Why is there still a shortage after such a long time? This is inexcusable.”

Lau said deputy magistrates could fill vacancies in the short term. She added that the most chronic shortage was in the Court of First Instance, which had been most affected by promotions and retirement. Eu warned of potential damage to justice caused by delays. “After you queue up along time for a trial, you wait a great deal of time again for a judgment, " she said. It deals a blow to the very foundation of the rule of law and quality of the judiciary."

An advertisement seeking applications for Court of First Instance judges was posted on the judiciary website last week. Applicants for the HK$210,000 per month posts must have 10 years’ experience as a barrister.

(Extracted from South China Morning Post 8/3/2012)

南華早報今天報導了昨日司法機構政務長劉嫣華(Emma Lau)在立法會財委會申請撥款招聘法官時，承認189個法官職位中竟然有45個空缺，幾乎佔了25%。雖然存著大量空缺，實際上這些職位不是懸空的，都聘用暫委法官來執行職務。暫委法官從哪來呢？特委裁判官及裁判官的職級，找私人執業的律師「捱義氣」。那是日薪計的工作，為何叫「捱義氣」呢？原因是聘用時間長短屬見步行步，開始時叫你做幾個月，有人一直做了幾年，一路都是暫委。既無合約、假期或任何福利。病倒不能上班，貴客自理。去年有位暫委裁判官中風，不能上班唯有「食自己」。區域法院的空缺，由裁判官署任；高院的空缺，由區域法院法官署任。有些人的暫委任命，持續10年以上，沒有開花結果。這種情況十分荒謬，如果是合適人選，不應正式及早委任嗎？如果不合適，理應停止暫委。更荒謬的是，怎可能一下子冒出26個裁判官的空缺來，司法機構政務長有失職之嫌。聘用一個法官往往需時一年以上，比之公務員的招聘程序，法官多了司法敘用委員會這一關要過。雖然不能出現一個法官空缺，就招聘一次，可是到了出現25%的空缺時，還處於招聘的階段，司法機構要政務長這位高權重的人來幹甚麼？

祝願這幾天裁判官招聘面試成功招攬適合人選，見證elitism而並非cronyism。