According to the South China Morning Post, TVB News and other Hong Kong media, Nicholas Phillips, an 86-year-old senior British judge who is an overseas non-permanent judge of the Hong Kong Court of final appeal, was arrested for”Personal reasons”, the term of office of the non-permanent judges expires on 30 September and expires on the same date after four terms of 12 years.
A spokesman for the judiciary said that the departure of Richard fan would not affect the operation of the Hong Kong Court of Final Appeal and that the search for non-permanent judges in Hong Kong and overseas would continue.
Nicholas Phillips is not re-appointed as an overseas non-permanent judge of the Hong Kong Court of Final Appeal for personal reasons
What is a non-permanent judge?
The court of Final Appeal of the Hong Kong Special Administrative Region was established on 1 July 1997 when the Hong Kong Court of Final Appeal Ordinance (cap. 484) came into effect, hearing Civil and criminal appeals on important legal issues of general or public interest.
The composition of the court of final appeal is characterised by a panel of non-permanent judges from Hong Kong and other common law jurisdictions, in addition to the Chief Justice of the Court of Final Appeal and permanent judges, they are invited to join the court of final appeal as necessary.
Under the Hong Kong Court of Final Appeal Ordinance, an appeal shall be heard in a”4 + 1″ manner, a Chief Justice of the Court of Final Appeal (or a permanent judge appointed to sit on his behalf) , three permanent judges nominated by the Chief Justice, and a non-permanent judge selected by the Chief Justice and invited by the Court of Final Appeal to conduct the hearing.
The term of office of a non-permanent judge is three years. However, the term of office of a non-permanent judge may be extended by the Chief executive on the recommendation of the Chief Justice. Upon appointment, non-permanent judges, like other judges in Hong Kong, are required to take a judicial oath to uphold the Basic Law, to serve Hong Kong with due diligence, to be law-abiding, to be fair and honest. The total number of non-permanent judges shall not exceed thirty at any one time.
Judiciary: the operation of the Hong Kong Court of Final Appeal will not be affected
Born in January 1938, he graduated from King’s College, Cambridge. He was president of the Supreme Court of the United Kingdom from 2009 to 2012 and has been a non-permanent overseas judge of the Court of Final Appeal since 2012.
A spokesman for the judiciary of the Hong Kong Special Administrative Region (HKSAR) said that the judiciary would like to thank fan for his invaluable contribution to the work of the court of Final Appeal and his support for the rule of law in Hong Kong during his tenure. Despite the departure of a number of non-permanent judges in recent years, the vast majority of the serving and outgoing non-permanent judges have publicly reaffirmed their continued confidence in the independent judiciary in Hong Kong and in the commitment of the courts of Hong Kong to uphold the rule of law.
Judge Nicholas Phillips, Radio News Hong Kong
The spokesman said that upon the expiry of his term of office, there were 10 non-permanent judges in the court of Final Appeal, comprising four non-permanent Hong Kong judges and six non-permanent judges from the United Kingdom and Australia.
According to the judiciary, the number of appeal cases in the court of Final Appeal has been stable and the recent changes in court staff will not affect the operation of the court of Final Appeal. The judiciary will continue to identify suitable local and overseas candidates for appointment as non-permanent judges, judicial appointments will be handled in accordance with the established mechanism under the Basic Law and the relevant provisions of the Hong Kong Court of Final Appeal Ordinance.
Hong Kong media said that Fan Lishen, who is from the UK, is the fifth non-permanent overseas judge of the Hong Kong Court of Final Appeal to leave this year. Two former judges of the UK Supreme Court who held that position resigned in June this year, jonathan Sumption, 75, Lawrence Lawrence Collins, Baron Collins of Mapesbury, 83, Beverley McLachlin, 81, a Canadian woman, and Anthony Murray Gleeson, 86, an Australian judge, also left this year.
MS Murray Gleeson left office with confidence in the independence of the court and its determination to uphold the rule of law, while Ms Macallan said she was “Too old to continue”.
The Hong Kong Bar Association is confident that the Hong Kong court of Final Appeal will maintain judicial independence
The Hong Kong Bar Association said it respected fan’s decision not to renew his term of office and thanked him for his 12 years of service at the court of Final Appeal after his departure from the Supreme Court of the United Kingdom, which has contributed to the rule of law and the development of jurisprudence in Hong Kong. The association also thanked all overseas non-permanent judges for their support and assistance to the court of final appeal in discharging its judicial functions and for their confidence in the court’s judicial independence and strength.