Judicial independence

On 27 April 2012, Mr Justice Bokhary, Permanent Judge of the Hong Kong Court of Final Appeal who is about to retire, talked about judicial independence in Dr Margaret Ng's Friday Tea Gathering of the legal professions. For securing judicial independence and public confidence in it, Mr Bokhary offered 16 points of general application –

One, it is necessary to have in place – and properly operate – appropriate mechanisms for judicial appointment.

Two, a culture of judicial independence must be fostered and nurtured.

Three, executive, legislative and judicial powers must be separate.

Four, security of judicial tenure must be provided and safeguarded.

Five, judicial remuneration must be adequate and secure.

Six, judicial administration be structured so as to preserve judicial autonomy.

Seven, judicial funding must be adequate and free from anything that impacts adversely on judicial autonomy.

Eight, judicial education must not adversely impact upon the independence of the judiciary as a whole or of individual judges.

Nine, there must be maintained such sub judice rules as preserve judicial independence, repelling any attempt to influence court proceedings.

Ten, there must be an adequate law of contempt, remembering of course that justice is not a cloistered virtue and that free speech must not be curtailed.

Eleven, judicial functions must be immune from suit.

Twelve, the judiciary should be protected from political attacks.

Thirteen, the political neutrality of the judiciary must be maintained.

Fourteen, jurors must be independent and protected from interference.

Fifteen, responsibility for the prevention of abuse of process must remain with the judiciary.

Sixteen, when conducting public inquiries, judges must avoid compromising judicial neutrality.