Review of 2024
At the Ceremonial Opening of the Legal Year on 22 January 2024, the Hon Chief Justice Andrew CHEUNG highlighted the paramount importance of this annual event, as it underscores for the community the administration of justice and the rule of law, which form the foundation of Hong Kong's continued prosperity and success under the "One Country, Two Systems" arrangement.
The Hon Chief Justice Andrew CHEUNG emphasised that under the Basic Law, Hong Kong remains a common law jurisdiction, a framework reaffirmed as a long-term state policy by President XI Jinping during his visit to Hong Kong in 2022. The Chief Justice elaborated on the advantages and benefits of continuing with the common law system in Hong Kong.
First, at the heart of the common law system lies a steadfast commitment to the principles of fairness and equality. The doctrine of precedent, unique to the common law system, ensures that like cases are treated alike, fostering consistency, predictability in court decisions, and public confidence in the judicial process. Secondly, the common law’s strong emphasis on rigorous analysis, analogical reasoning, pragmatism, flexibility, adaptability, and capacity for innovation enables Hong Kong’s legal system to address challenges and meet the evolving demands of society. The common law system is also one with which many of Hong Kong's international business and trading partners and investors are highly familiar. Most importantly, the continuation of the common law system represents a remarkable accomplishment for both the country and Hong Kong, as it exemplifies the successful implementation of the "One Country, Two Systems" arrangement, with the Hong Kong Special Administrative Region standing as the only common law jurisdiction within an otherwise civil law country.
Recognising the importance of preserving and advancing the common law system in Hong Kong, the Hon Chief Justice Andrew CHEUNG highlighted the critical components of the system that require continued attention and vigilance. Central to the common law system in Hong Kong are its courts and judges, who decide cases and set legal precedents. Therefore, the Judiciary must recruit and retain the best legal and judicial talents to serve in the courts. Additionally, the community must deepen its understanding of the common law system, particularly in distinguishing between a judge personally and his or her decision or reasoning, as well as between a court decision and the Judiciary as a whole. Ultimately, due to the cardinal importance of judicial independence, judges must be able to decide cases and explain their decisions in judgments without interference, illegitimate pressure, or threats of sanction or reprisal.
At the latter part of his speech, the Hon Chief Justice Andrew CHEUNG outlined the measures being taken to enhance the efficiency of the judicial system. These measures include strengthening the Hong Kong Judicial Institute, implementing the electronic litigation system, introducing the Courts (Remote Hearing) Bill, and advancing the new District Court and new High Court complex projects.
Finally, the Hon Chief Justice Andrew CHEUNG reiterated the Judiciary’s duty to effectively prevent, suppress, and impose punishment for any act or activity endangering national security, in accordance with the Hong Kong National Security Law, while fully respecting and giving effect to all fundamental rights. He noted that in recent years, the Judiciary's work has often been seen through the lens of the National Security Law, leading to a limited or distorted view of its scope, diversity, and the overall state of the rule of law and judicial independence in Hong Kong. The Chief Justice emphasised that the courts and judges will continue to discharge their constitutional duty to administer justice fairly and efficiently, without fear or favour, self-interest, or deceit.
Appointment of Judges and Judicial Officers
A number of judicial appointments took effect in 2024.
The Hon James Leslie Bain ALLSOP was appointed as a Non-Permanent Judge from another common law jurisdiction of the Court of Final Appeal on 24 May 2024.
His Honour Judge Herbert AU-YEUNG Ho-wing and Her Honour Judge Winnie TSUI Wan-wah were appointed as Judges of the Court of First Instance of the High Court on 3 July 2024.
His Honour Judge LEUNG Chun-man, His Honour Judge Douglas YAU Tak-hong, His Honour Judge Anthony KWOK Kai-on and Her Honour Judge Amanda Jane WOODCOCK were appointed as Judges of the Court of First Instance of the High Court on 9 August 2024.
Mr TAM Yiu-ho, SC, was appointed as a Judge of the Court of First Instance of the High Court on 2 September 2024.
His Honour Judge HUI Ka-ho was appointed as a Senior Deputy Registrar, High Court on 19 January 2024.
Miss Ada YIM Shun-yee, Principal Magistrate, and Mr Lawrence YIP Sue-pui, Permanent Magistrate, were appointed as District Judges on 12 April 2024.
Ms Grace CHOW Chiu-man was appointed as a District Judge on 30 April 2024.
Mr KWONG Ka-tung was appointed as a District Judge on 5 June 2024.
Ms Phillis LOH Lai-ping was appointed as a District Judge on 18 June 2024.
Miss Liza Jane Mary CRUDEN was appointed as a District Judge on 9 July 2024.
Mr LAM Chin-ching was appointed as a District Judge on 28 August 2024.
Ms Michelle LAM Mei-sze, Permanent Magistrate, was appointed as a District Judge on 9 October 2024.
Mr LEE Siu-ho, Permanent Magistrate, was appointed as a District Judge on 3 December 2024.
Judicial training
In 2024, our judges and judicial officers continued to participate in various judicial training activities organised by the Hong Kong Judicial Institute. Since 2021, the Hong Kong Judicial Institute has been organising a series of seminars on Chinese law to strengthen understanding of the legal and judicial system of the Mainland. Continuing the series, a seminar on the Roles, Functions and Duties of the National People's Congress (“NPC”) and the Standing Committee of the NPC under the Constitution of the People’s Republic of China was conducted in March 2024.
Other training activities organised by the Judicial Institute included Sentencing Workshops for Magistrates; training for Family Court judges and family practitioners on Consent Summons on Ancillary Relief and Care Arrangements for Children; and various induction briefings for deputy magistrates/adjudicators. Two courses, namely, the Chinese Judgment Writing course 2024, and the Putonghua Course 2024, were also conducted this year, consisting of group sessions and one-on-one tutorials.
As the use of generative artificial intelligence (“AI”) continues to gain momentum, particularly in the legal field, the Judicial Institute arranged demonstrations by two commercial entities showcasing their newly launched legal platforms incorporating generative AI. Furthermore, the Judicial Institute took part in the 11th International Conference of the International Organisation for Judicial Training, and gave a presentation on the topic of generative AI.
Exchanges with the Mainland and other jurisdictions
The Judiciary continued to strengthen its professional connections with other jurisdictions, including the Mainland and overseas jurisdictions. In 2024, many judges, legal professionals, and senior government officials from the Mainland and overseas jurisdictions visited the Judiciary. Our judges and judicial officers also participated in various professional exchange activities, including attending conferences and seminars both locally and abroad. Some of the notable exchanges are outlined below.
In January, an eight-member delegation led by Mr YANG Wanming, Vice-President of the Supreme People’s Court (“the SPC”) visited the Judiciary.
In March, the Judiciary co-hosted the 8th Judicial Seminar on Commercial Litigation with the Supreme Court of New South Wales of Australia and the Supreme Court of Singapore in Hong Kong. Four Chief Justices and 30 other senior judges from jurisdictions throughout Asia and the Pacific region, including the SPC, the Federal Court of Australia, and the courts of Brunei Darussalam, Japan, Korea, Malaysia, and New Zealand, engaged in professional exchanges during the Seminar.
In April, a 22-member delegation led by the Hon Madam Justice Carlye CHU, Vice-President of the Court of Appeal of the High Court, visited the High People’s Court of Guangdong Province.
In the same month, the Hon Chief Justice Andrew CHEUNG attended the 5th Full Meeting of the Standing International Forum of Commercial Courts held in Doha, Qatar.
From mid-April to mid-May, under the attachment programme launched by the SPC and the Judiciary in 2023, three judges and judicial officers were attached to the High People’s Court of Guangdong Province. They visited various levels of courts in Guangdong Province such as those in Shenzhen and Zhuhai, and had professional exchanges with the judges there.
In May, the Hon Chief Justice Andrew CHEUNG, the Hon Mr Justice Jeremy POON, Chief Judge of the High Court; the Hon Madam Justice Carlye CHU, Vice-President of the Court of Appeal of the High Court; the Hon Mr Justice Godfrey LAM, Justice of Appeal of the Court of Appeal of the High Court; and the Hon Madam Justice Linda CHAN, Judge of the Court of First Instance of the High Court, visited Shanghai and Zhejiang. The delegation met with the Executive Vice-President of the SPC, Mr DENG Xiuming, attended seminars and engaged in professional exchanges with Mainland judges.
In August, a five-member delegation from the High Court of Sheger City, Ethiopia, visited the Judiciary.
In September, the Hon Martin CAUCHON, Vice Chairman of the Canada China Business Council, visited the Judiciary.
In the same month, a nine-member delegation led by the Hon Judge Khalid Ali AL OBAIDLI, President of the Investment and Trade Court of Qatar, visited the Judiciary.
From mid-September to mid-December, under the attachment programme, four Mainland judges were attached to the High Court. They also visited various levels of courts in Hong Kong, including the District Court, the Family Court, and the Magistrates’ Courts, where they engaged in exchanges with our judges and judicial officers.
In October, the Hon Chief Justice Andrew CHEUNG attended the 19th Conference of Chief Justices of Asia and the Pacific and the opening ceremony of the 37th LAWASIA Conference in Kuala Lumpur, Malaysia.
In the same month, a five-member delegation from the East China University of Political Science and Law visited the Judiciary.
In November, the Hon Mr Justice Jeremy POON, Chief Judge of the High Court led a delegation of 20 judges and judicial officers to visit Chengdu for an eight-day exchange programme jointly organised by the National Judges College and the Hong Kong Judicial Institute. During the visit, the delegation engaged in exchanges with their counterparts in the Mainland and attended discussion forums and thematic talks on judicial issues and the latest developments in the country. The delegation also visited court premises and facilities relating to technology and culture, etc.
In the same month, the Hon Chief Justice Andrew CHEUNG delivered opening remarks at the opening ceremony of “Rule of Law: The Best Business Environment” under Hong Kong Legal Week 2024. The Hon Mr Justice David LOK, Judge of the Court of First Instance of the High Court, also spoke as a panelist at one of the panel sessions. Mr Simon KWANG, Registrar of the High Court, delivered a keynote speech at “Joint Contribution to the Construction of Rule of Law in the GBA” under Hong Kong Legal Week 2024.
Moreover, Professor Ignacio TIRADO, Secretary-General of the International Institute for the Unification of Private Law, visited the Judiciary.
Later that month, an eight-member delegation led by Mr JIA Yu, President of the High People's Court of Shanghai, visited the Judiciary.
In addition, a five-member delegation led by Mr Adam Williams, CEO and Comptroller General of the Intellectual Property Office of the United Kingdom, visited the Judiciary.
Meeting challenges on workload
In 2024, the Judiciary continued to face the challenge of a persistently heavy caseload, driven by an increasing number of complex civil and criminal cases. These included cases related to the 2019 anti-extradition amendment bill incidents (“anti-EAB cases”) and cases concerning national security (“NS cases”), as well as leave applications for judicial review in respect of non-refoulement claims and related appeals at both the High Court and the Court of Final Appeal.
To address these challenges, the Judiciary has undertaken ongoing and proactive efforts to expedite court proceedings through multi-pronged measures while steadfastly upholding the principles of justice. These measures include engaging additional permanent and temporary judicial manpower, implementing proactive case management, extending court sitting hours, expanding the use of technology, and enhancing court facilities.
Thanks to these efforts by all judges and judicial officers, and support staff, the Judiciary managed to handle an overall caseload in 2024 (including a number of complex cases requiring longer processing times) comparable to that in 2023 and 2019, prior to the pandemic. In overall terms, the target average court waiting times for the majority of civil cases across different levels of court were generally met. There were also considerable improvements in the average waiting times for most criminal proceedings, except for certain types of criminal cases in the Court of First Instance of the High Court, where long trials of complex cases were heard. Priority has been allocated to complex anti-EAB and NS cases. As of 2024, the Judiciary has cleared approximately 2 260 (or around 96%) of over 2 350 anti-EAB cases and over 200 cases (or around 86%) of about 230 NS cases brought at various levels of court. This is expected to gradually reduce the impact of these cases on the average court waiting times for other proceedings. In recent years, the Judiciary has also been conducting open recruitment for judges and judicial officers more frequently. The response to the latest round of recruitment launched in mid-2023 was encouraging. By late 2024, seven Judges of the Court of First Instance of the High Court and nine District Judges have been appointed. With this additional judicial manpower, the Judiciary anticipates steady and more substantial improvements to court waiting times for proceedings at all levels of courts in the coming years.
Promoting the Use of Mediation in Court Proceedings
Mediation, as a common mode of alternative dispute resolution, has been introduced as a voluntary resolution process under the Civil Justice Reform since April 2009. It aims to assist parties in court proceedings to resolve their differences in a more efficient, cost-effective and amicable manner.
To ensure that parties are fully informed of the intrinsic values and benefits of mediation, judges and judicial officers normally refer parties to attend information sessions organised by the Mediation Offices and to seek other court-related mediation services. In 2024, over 1 500 parties/litigants visited the Mediation Offices, and 935 information sessions were arranged. Additionally, the dedicated webpage providing litigants and the public with updated information on court-related mediation services recorded 352 000 hits in 2024.
In support of the new Family Court-annexed Mediation Scheme, introduced on a pilot basis in March 2024, facilities at the Family Court and District Court premises were enhanced. Private dispute resolution rooms and associated breakout rooms were made available for mediators to interview the parties. In 2024, more than half of the mediated cases referred by the Judiciary reached full or partial settlement in 2024, with the new scheme achieving a success rate of about 93%.
Enhancement of court facilities and security
Additional court facilities were furnished in 2024 to address the Judiciary’s increasing operational needs. Six new courtrooms in the High Court Building and three new courtrooms in the Revenue Tower in Wan Chai were commissioned in 2024.
The construction works for a new, purpose-built District Court Building at Caroline Hill Road commenced in September 2023. The new building is designed to provide a dedicated law courts building for the reprovisioning and co-location of the District Court, the Family Court, and the Lands Tribunal. The works are expected to be completed by the end of 2026, allowing operations to commence by late 2027.
As announced at the Ceremonial Opening of the Legal Year in 2024, the current sites of the Queensway Government Offices (i.e. the land adjacent to the existing High Court Building) and the existing High Court Building have been reserved for the development of a new High Court Building. The Judiciary has already commenced the initial preparatory work for this major project.
Regarding court security, security screening measures were expanded in 2024 to enhance safety across court premises. Screening was extended to all floors of the High Court Building in April 2024; the Magistrates’ Courts Buildings and the Tsuen Wan Law Courts Building in November 2024; and the Lands Tribunal and the Labour Tribunal in December 2024. These measures build upon the security screening measures already in operation at the Court of Final Appeal Building and the West Kowloon Law Courts Building, the District Court and the Family Court. As part of ongoing efforts to safeguard judges and judicial officers, Judiciary staff, and court users, these measures aim to prevent prohibited items from being brought into court premises.
With a significant number of cases attracting public and media attention, the Judiciary has implemented enhanced crowd management and security measures. These include queuing and ticketing arrangements to ensure a fair allocation of seats and orderly admission of court users, the use of CCTV recording to prevent unruly behaviour, and deploying security manpower proportionately to maintain order and security in court premises.
Greater use of technology in court operations
The Judiciary has been making proactive efforts to expand and deepen the use of technology to enhance the efficiency of court operations. In 2024, the implementation of a series of key technology initiatives continued to progress steadily.
The integrated Court Case Management System (“iCMS”) has been implemented in the District Court and the Magistrates’ Courts since May and December 2022 respectively. In October 2024, it was extended to the Small Claims Tribunal, with plans for successive rollouts to the Court of Final Appeal, the High Court and the Magistrates’ Courts (for non-summons cases) starting in 2025. To facilitate a quicker and wider migration to the electronic mode of litigation, the Judiciary plans to mandate the use of the iCMS as from 2026 for all legally represented litigants in case types where the electronic mode is available. In this regard, the Judiciary consulted the legal profession and other key stakeholders on the implementation arrangements in January 2024, receiving generally supportive responses.
The Judiciary has been promoting the wider use of remote hearings for civil proceedings. To date, around 2 100 remote hearings (including video-conferencing or phone hearings) have been conducted, with court users reporting positive experiences. To enable remote hearings for suitable criminal proceedings, the Judiciary prepared a draft Courts (Remote Hearing) Bill to provide a legal basis for conducting remote hearings, after considering all relevant circumstances, including the dual requirements of open justice and fair hearing, where appropriate. After taking into account extensive feedback from earlier consultations, the Bill was finalised and introduced into the Legislative Council on 4 December 2024.
Separately, the Judiciary has been actively pursuing the live broadcast of selected judicial proceedings to enhance the transparency of court procedures and bolster public confidence in the judicial process. Trial runs for live broadcasting were conducted for four selected cases of the Court of Final Appeal between January and May 2024. These trial runs went smoothly and were generally well received. The Judiciary is now reviewing the outcomes and considering the way forward for long-term implementation.
In July 2024, the Judiciary issued its first set of guidelines on the use of generative artificial intelligence (“AI”) for judges and judicial officers and support staff. These guidelines, which have also been uploaded to the Judiciary’s website, were drawn up with reference to similar guidelines issued by courts in other jurisdictions. They allow judges and judicial officers and support staff to make prudent and responsible use of generative AI in their work where appropriate. The guidelines will be subject to further review and revisions to ensure alignment with developments in AI technology and the experiences of other courts.
The Judiciary remains committed to exploring and enhancing the efficiency of court operations through the use of technology.
Streamlining procedures for family-related proceedings
The Family Procedure Ordinance (“Cap. 646”) was enacted in June 2023. The Ordinance provides a statutory basis for a consolidated, self-contained and streamlined set of procedural rules applicable to all family and matrimonial proceedings across the Family Court and the High Court. It aims to make the family justice system more efficient, cost-effective, and user-friendly. The Family Procedure Rules Committee, established under the Ordinance as the single rule-making authority, is currently preparing the detailed drafting of these procedural rules. In addition, a new Masters system was introduced in the Family Court in October 2023. Under this system, Family Masters are empowered to handle various procedural matters in family-related proceedings, easing the heavy workload of the Family Judges.
Mutual legal assistance arrangements with the Mainland
Pursuant to Article 95 of the Basic Law, the HKSAR has, to date, signed nine arrangements with the Mainland on mutual legal assistance in civil, commercial, and arbitral matters. In preparation for the coming into force of the “Arrangement on Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial Matters by the Courts of the Mainland and of the HKSAR” on 29 January 2024, the Judiciary promulgated a new Practice Direction (“PD 38”) to govern the practice and procedure for the new mechanism. The Judiciary, in collaboration with the Government, has also been engaging in discussions with the SPC to enhance the 1999 “Arrangement for Mutual Service of Judicial Documents in Civil and Commercial Proceedings between the Mainland and Hong Kong Courts”.