Impartiality (also called evenhandedness or fair-mindedness ) is a principle of justice holding that decisions should be based on objective criteria , rather than on the basis of bias , prejudice , or preferring the benefit to one person over another for improper reasons.
63-585: High Court District Court Magistrates' Court Special courts and tribunals: Chief Executive Elections Legislative elections District council elections Consular missions in Hong Kong Hong Kong–China relations Hong Kong–Taiwan relations The Hong Kong Civil Service is managed by 13 policy bureaux in the Government Secretariat , and 67 departments and agencies, mostly staffed by civil servants . The Secretary for
126-679: A divisional court consisting of a three- or two-member bench. All judges of the Court of First Instance also serve as members of the Competition Tribunal. The President and Deputy President of the Competition Tribunal (currently Mr Justice Harris and Madam Justice Au-Yeung respectively) are appointed by the Chief Executive on the recommendation of the Judicial Officers Recommendation Commission. The President of
189-704: A case in a courtroom situated in the District Court building. This is similar to England , where the High Court sometimes sits outside London in County Courts which act as High Court District Registries. In the Jimmy Lai case, the prosecution asked the High Court for an adjournment from 1 December 2022 to 8 December 2022; the High Court added a few more days and adjourned it until 13 December 2022. On 13 December 2022,
252-583: A comprehensive, transparent, objective, and timely manner. 1. Appraisal process The performance appraisal system is designed to be multi-perspective, which involves assessment of three tiers of appraisers: the Appraising Officer, the Countersigning Officer and Reviewing Officer. As a continuous cycle, appraisers would complete appraisal reports annually and review the performance of appraisees continuously. The appraisal system operates based on
315-587: A continuous learning culture. Senior executive development programmes include leadership development and national studies programmes for directorate and potential directorate officers. Advisory services on Human Resources Development (HRD) and succession planning are also provided. National studies programmes include courses at Mainland institutes such as the National School of Administration , Foreign Affairs University, Tsinghua University and Peking University . There are also local programmes on national affairs and
378-426: A continuous performance management cycle of four phases, including: (i) Performance planning, (ii) continuous coaching and development, (iii) interim review and (iv) performance appraisal. 1.1 Performance planning The appraisee and the Appraising Officer would reach a consensus on the list of main objectives or responsibilities for the upcoming reporting period at the beginning of the cycle. The agreed list details
441-428: A fixed term of a few years and sit for a few weeks in a year. Recorders may exercise all the jurisdiction, powers and privileges of a full-time Judge of the Court of First Instance. The recordership scheme was introduced in 1994 to encourage experienced practitioners who are willing to sit as a High Court Judge for a few weeks every year, but are not prepared to commit themselves to a permanent, full-time appointment. It
504-526: A housing allowance at HK$ 163,525 per month. As of 1 April 2020, Recorders and Deputy High Court Judges receive honoraria at a daily rate of HK$ 11,765. The retirement age of full-time High Court Judges is 70. However, the term of office can be extended further up to the age of 75. The Chief Judge of the High Court is the Court Leader of the High Court and the President of the Court of Appeal. The Chief Judge
567-438: A poignant illustration of the concept of impartiality in a social context. James 2:1–9 admonishes believers against showing favoritism based on appearances or socioeconomic status. It challenges the practice of treating the wealthy more favorably than the poor, highlighting the incongruity between such behavior and the teachings of Christ. James asserts that true faith is incompatible with discrimination and bias, as it contradicts
630-453: A political party is acceptable). All High Court Judges (regardless of whether they are full-time Judges, Recorders or Deputy Judges on temporary appointment) are addressed in court as "My Lord" or "My Lady". In court judgments and decisions, Vice Presidents of the Court of Appeal are referred to as '[surname] VP' or '[surname] V-P' (or in the plural as '[surname] and [surname] V-PP'). Justices of Appeal are referred to as '[surname] JA' (or in
693-429: A six-grade performance scale is often adopted for appraising purposes. To illustrate, appraisees are given grades of (i) outstanding, (ii) very effective, (iii) effective, (iv) moderate, (v) poor and (vi) very poor performance. 1.4.1.1 Rating Scale in practice In 2020, the former Civil Service Training and Development Institute collaborated with 5 departments to review the design of the rating scales to better align
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#1732844539171756-402: A timely manner and understand how it corresponds to their actions. The feedback should be balanced, specific and constructive. It should focus on both unsatisfactory and exemplary performance such that means to overcome difficulties or reinforcing commendable behaviours are made known to the appraisees. 1.3 Interim review An interim or mid-year review will be conducted to provide feedback to
819-614: Is a statutory requirement that the Chief Executive appoint a serving or retired High Court Judge or Deputy High Court Judge to chair the Market Misconduct Tribunal (MMT) and the Securities and Futures Appeals Tribunal (SFAT). At present, Mr Justice Lunn (former Vice President of the Court of Appeal), Mr Justice Hartmann (former Justice of Appeal), Kenneth Kwok SC (former Recorder of the Court of First Instance) and Judge Tallentire (former Deputy High Court Judge) are Chairmen of
882-554: Is also required. From January 2003 onwards, for civil service posts requiring degree or professional qualifications, applicants should pass the two language papers (Use of Chinese and Use of English) in the Common Recruitment Examination before job application. For civil service posts with general academic qualifications set below degree level, applicants should attain at least Grade E in Chinese and English (Syllabus B) in
945-533: Is an ongoing process. Appraisal reports are normally completed annually. Transparency and objectivity of the appraisal process are also emphasised. To improve the system, department management is encouraged to put in place assessment panels to undertake levelling and moderating work among appraisal reports, identify under-performers/outstanding performers for appropriate action, adopt other management tools including target-based assessment and core competencies assessment. The Long and Meritorious Service Travel Award Scheme,
1008-585: Is derived from various passages in the Christian Bible that emphasize the impartiality of God and advocate for the practice of treating all individuals equally and without discrimination. The assertion that "there is no partiality with God" is recurrent throughout the Bible. This idea is established in Romans 2:11 , which emphasizes that God's judgment is not influenced by external factors such as nationality. God's justice
1071-552: Is determined by the Chief Executive on the recommendation of the independent Standing Committee on Judicial Salaries and Conditions of Service. As of 1 April 2017, a full-time Judge of the Court of First Instance receives a monthly salary of HK$ 292,650, while a Justice of Appeal receives a monthly salary of HK$ 307,050. The Chief Judge of the High Court receives a monthly salary of HK$ 340,600. Further, full-time Judges are provided with housing in Judiciary Quarters or, alternatively,
1134-507: Is eligible to be appointed as a High Court Judge or Recorder . A person who has practised for at least 5 years as a barrister , advocate , solicitor or judicial officer in Hong Kong or another common law jurisdiction is eligible to be appointed as the Registrar or a Master. Full-time Judges and Recorders , as well as the Registrar and Masters, are appointed by the Chief Executive on
1197-523: Is responsible for the administration of the High Court and is accountable to the Chief Justice , who is head of the Judiciary . The Chief Judge must be a Chinese citizen who is a Hong Kong permanent resident with no right of abode in any foreign country. The Judges who have held the position of Chief Judge of the High Court of Hong Kong to date are: For pre-1997 Chief Justices, see: Chief Justice of
1260-558: Is rooted in an unwavering fairness, devoid of favoritism. The epistle to the Colossians further reinforces the notion of impartiality, stating that those who commit wrongdoings will be held accountable for their actions without any partiality based on their personhood. In Colossians 3:25 , it is asserted that "there is no respect of persons," implying that God's judgment is based solely on one's deeds rather than their social or individual attributes. The Epistle of James, in particular, offers
1323-539: The Chief Justice . The Electoral Affairs Commission must appoint a Judge of the Court of Final Appeal or a High Court Judge to act as returning officer for elections for the Chief Executive of Hong Kong . Similarly, it is a statutory requirement that the Chief Executive appoint a serving or retired High Court judge to be Commissioner on Interception of Communications and Surveillance (currently Mr Justice Suffiad). The Chief Executive also appoints three to six Judges of
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#17328445391711386-581: The Department of Justice are subject to a 'sanitisation' period of 6 months upon appointment. During this period, the judge does not deal with any criminal trials or appeals or any civil cases involving the Government to maintain judicial independence and impartiality. Upon appointment as a full-time High Court Judge, one must give an undertaking not to return to practise in future as a barrister or solicitor in Hong Kong. The remuneration of High Court Judges
1449-668: The Hong Kong Certificate of Education Examination , or equivalent. In accordance with the Basic Law , new recruits appointed on or after 1 July 1997 must be permanent residents of the Hong Kong Special Administrative Region, save for certain specified exceptions. Officers are promoted on the criteria of character, ability, experience and prescribed qualifications. All eligible officers are considered on an equal basis. The officer selected for promotion must be
1512-529: The Lands Tribunal must be a High Court Judge (currently Madam Justice Lisa Wong) and is appointed by the Chief Executive . High Court judges also serve a number of other public service roles. It is a statutory requirement that the Electoral Affairs Commission be headed by a chairman who is a High Court judge (currently Mr Justice Lok) appointed by the Chief Executive in consultation with
1575-634: The impartiality and fairness in appointments to the civil service and also advises on discipline matters. In accordance with the Public Service Commission Ordinance, advice of the commission has to be sought for appointment or promotion of officers to middle and senior ranking posts (excluding the disciplined ranks of the Hong Kong Police Force ). The commission is also consulted on changes in appointment procedures applicable to civil service posts. Three independent bodies advise
1638-692: The Basic Law , as well as staff exchange programme with the Mainland. An e-learning portal, the Cyber Learning Centre Plus is intended to promote a continuous learning culture. The institute also disseminates best practices in HRD through its advisory services in training needs analysis, learning strategies, development of competency profiles, and performance management systems. Through the performance appraisal process, staff at different levels are made aware of
1701-792: The Civil Service (SCS) is one of the Principal Officials appointed under the Accountability System and a Member of the Executive Council . He heads the Civil Service Bureau (CSB) of the Government Secretariat and is responsible to the Chief Executive (CE) for civil service policies as well as the overall management and development of the civil service. His primary role is to ensure that the civil service serves
1764-474: The Court of Appeal, including as a single Judge (for example, when determining applications for leave to appeal in criminal cases). Cases in the Court of First Instance are usually heard by a single Judge, though important cases may be heard by a bench consisting of more than one Judge, although this is very rare. This practice is similar to the English High Court , where important cases may be heard by
1827-408: The Court of First Instance (currently Mr Justice Fung , Mr Justice Bharwaney and Madam Justice Lisa Wong) on the recommendation of the Chief Justice to serve as panel judges handling interception and surveillance authorisation requests from law enforcement agencies. Further, it is a statutory requirement that the Chief Executive appoint at least 2 serving or retired High Court Judges as members of
1890-410: The Government on matters relating to pay and conditions of service. Their members are selected from outside the Government. The objective of civil service pay is to offer sufficient remuneration to attract, retain, and motivate staff of suitable calibre to provide quality service to the public. Both civil servants and the general public should view the pay for civil service fair. Broad Comparability with
1953-637: The High Court further delayed the trial until September 2023, until after the NPCSC ruled in the matter. Impartial European Union law refers in the Charter of Fundamental Rights of the European Union to: Impartiality is one of the seven factors conducive to spiritual enlightenment in Buddhism. Christian doctrine reflects the belief that God's nature transcends human biases and preferences. This perspective
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2016-500: The High Court of Brunei Darussalam (Mr Justice Findlay and Mr Justice Lugar-Mawson). Another retired Hong Kong Judge, Edward Woolley, who previously sat as a Deputy High Court Judge and High Court Master, also sits as a Judicial Commissioner of the Supreme Court of Brunei Darussalam. Recorders of the court of first instance of the high court are practitioners in private practice (in practice, Senior Counsel ) who are appointed for
2079-603: The Hong Kong Court of Appeal, he also sat as a non-resident Judicial Commissioner of the Supreme Court of Brunei Darussalam between 2010 and 2011. As of 2019, three retired Hong Kong High Court Judges sit as Judges of the Court of Appeal of Brunei Darussalam (Mr Justice Burrell, who is the President of the Brunei Court of Appeal, and Mr Justice Seagroatt and Mr Justice Lunn , who are Justices of Appeal); two retired Hong Kong High Court Judges sit as Judicial Commissioners of
2142-904: The Long and Meritorious Service Award Scheme and the Retirement Souvenir Scheme provide additional rewards. A commendation system also exists to give recognition to exemplary performance. Performance Appraisal in Hong Kong Civil Service The performance management system in the Hong Kong Civil Service forms a fundamental part of the Hong Kong Government's strategy in handling human resources issues of civil servants. The process allows supervisors to better communicate individual work targets and expected standards to civil servants. The monitor and review process embedded in
2205-599: The Long-term Prison Sentences Review Board. At present, Mr Justice Pang Kin-kee and Mr Justice Wilson Chan are President and Deputy President respectively of the Long-term Prison Sentences Review Board. It is also a statutory requirement that the Chief Executive appoint a retired High Court Judge, District Judge or magistrate as Chairman of the Appeal Board on Public Meetings and Processions (currently Mr Justice Pang Kin-kee ). In addition, it
2268-691: The MMT and SFAT. The Chief Executive may appoint a High Court judge to lead a public inquiry. For example, Mr Justice Andrew Chan was appointed in 2015 as Chairman of the Inquiry into incidents of excess lead found in drinking water , and Mr Justice Lunn, JA was appointed in 2012 as Chairman of the Inquiry into the collision of vessels near Lamma Island . A number of serving and retired Hong Kong High Court Judges also sit as Supreme Court Judges in Brunei . For example, while Mr Justice Rogers served as Vice President of
2331-465: The Supreme Court of Hong Kong Full-time High Court judges are given the prefix 'the Honourable' and referred to as 'Mr/Madam/Mrs Justice [surname]'. The Chief Judge of the High Court may be referred to in writing by adding the post-nominal 'CJHC'. Vice Presidents of the Court of Appeal may be referred to in writing by adding the post-nominal 'VP'. Justices of Appeal may be referred to in writing by adding
2394-479: The appraisee during the appraisal period. It reviews the (i) effectiveness of the deliverance of agreed objectives and targets, (ii) constraints and hindrances affecting the effectiveness, (iii) the strengths and weaknesses of the appraisee that has influenced or will influence the appraisee's further development, and (iv) potential personal or career development and training proposals. 1.4.1 Rating scale Appraisees are assessed based on rating scales. Specifically,
2457-491: The appraisee regarding his or her performance in the middle of the appraisal period. It involves a formal discussion between the Appraising officer and the appraisee in the form of a structured session. The objectives of the interim review are as follows: - Recognize good performance results that are above target and identify performance results that are below target, hence the provision of guidance for improvement. - Determine
2520-496: The basis of academic or professional qualifications obtainable from local institutions or professional bodies (or equivalent), technical skills, work experience, language proficiency and other qualities and attributes as required. To achieve the aim of a civil service which is biliterate ( Chinese and English ) and trilingual (generally conversant in spoken Cantonese , English and Mandarin ), language proficiency in Chinese and English
2583-521: The best interests of the community and delivers various services in a trustworthy, efficient and cost effective manner. The CSB assumes overall policy responsibility for the management of the civil service, including such matters as appointment, pay and conditions of service, staff management , manpower planning, training, and discipline. Appointments to the civil service are based on open and fair competition. Candidates have to go through competitive appointment processes and are appointed only if they possess
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2646-403: The effectiveness of existing performance management measures and identify training needs of civil servants to provide appropriate assistance. - Point out problems hindering appraisee's performance and offer preventive measures. - Make adjustments to the agreed objectives if needed. 1.4 Performance appraisal Performance appraisal refers to the formal assessment of the performance results of
2709-409: The essence of Christianity, which esteems all individuals as equal recipients of God's grace. In the context of wisdom and virtuous living, the book of James also emphasizes the importance of impartiality. James 3:17 describes the wisdom that comes from heaven as "first of all pure; then peace-loving, considerate, submissive, full of mercy and good fruit, impartial and sincere." This verse underscores
2772-450: The fairness and smoothness of the appraisal process. High Court of Hong Kong The High Court of the Hong Kong Special Administrative Region is a part of the legal system of Hong Kong . It consists of the Court of Appeal and the Court of First Instance ; it deals with criminal and civil cases which have risen beyond the lower courts. It is a superior court of record of unlimited civil and criminal jurisdiction . It
2835-569: The impartiality and transparency of the system: (i) The assessment should be shown to the appraisee before the appraisal interview (ii) The appraisal form should be filled out by the countersigning officers before the appraisal interview (iii) Both parties should be involved in the preparation and signing process of the interview record (iv) The appraisal interview should be conducted face-to-face with effective two-way communication When necessary, Heads of Departments or Grades could consider setting up an assessment panel (see section 6.1) to ensure
2898-574: The most meritorious one who is able and ready to perform duties at a higher rank. The commission is an independent statutory body responsible for advising the CE on civil service appointment, promotion and disciplinary matters. In practice, the advice is rendered to the SCS and the CSB deals with the commission on individual cases. The chairman and members of the commission are appointed by the CE. The commission seeks to ensure
2961-408: The objectives of the unit and broad areas of responsibilities. Notably, the targets should align with overall departmental objectives and are specific, measurable, attainable as well as time-bound. However, the list of responsibilities and specific performance results are job-dependent. It is key that the list provides a yardstick to objectively discuss, monitor and evaluate performance. Ultimately,
3024-649: The past, commented by the Task Force on the HKSAR Civil Service Pay System. Job-related training is arranged by departments while induction and grade-specific management training are generally provided by respective grade management. The CSB provides training and development support to departments through its Civil Service Training and Development Institute. There are four core service areas: senior executive development, national studies programmes, human resources management consultancy service and promotion of
3087-439: The plural as '[surname] and [surname] JJA'). Full-time Judges of the Court of First Instance are referred to as '[surname] J' (or in the plural as '[surname] and [surname] JJ'). Recorders are referred to as 'Mr/Madam/Mrs Recorder [surname]' (with the post-nominal 'SC' if they are Senior Counsel ). Deputy High Court Judges are referred to either as 'Deputy Judge [surname]', 'Deputy High Court Judge [surname]' or 'DHCJ [surname]' (with
3150-446: The position of Deputy High Court Judge was known as Commissioner . A Deputy High Court Judge may exercise all the jurisdiction, powers and privileges of a full-time Judge of the Court of First Instance. Judicial review cases are not listed before part-time Judges. In order to ensure judicial independence and impartiality, part-time Judges are not permitted to participate actively in political activities (although membership of
3213-423: The post-nominal "JA". In 1995, Mrs Justice Doreen Le Pichon was the first woman to be appointed as a High Court judge. She subsequently became the first woman to be appointed as a Justice of Appeal in 2000. In 2019, Madam Justice Susan Kwan was the first woman to be appointed as Vice President of the Court of Appeal. The current full-time judges of the High Court (as at 9 August 2024) are (ranked according to
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#17328445391713276-438: The post-nominal 'SC' if they are Senior Counsel ). Deputy High Court Judges were previously called Commissioners and were referred to as 'Mr/Madam/Mrs Commissioner [surname]' (with the post-nominal 'Q.C.' if they were Queen's Counsel ) in judgments before 1983. The High Court Building is located at 38 Queensway , Admiralty . The 20-storey building was built in 1985 as the home of the then Supreme Court of Hong Kong , which
3339-522: The priority of their respective appointments; Senior Counsels indicated by an asterisk *): Chief Judge of the High Court Justices of Appeal of the Court of Appeal of the High Court Judges of the Court of First Instance of the High Court A Justice of Appeal may sit as an additional Judge of the Court of First Instance. A Judge of the Court of First Instance may also hear cases in
3402-516: The private sector is important when considering the pay for the civil servants. This pay principle was sourced from the recommendations of the Royal Commission on the Civil Service in 1953. In 1965, the Commission further suggested that the principle of fair comparison should be weighted the most among all other considerations, including internal relatives, which is being emphasised too much in
3465-560: The qualifications and capabilities required for the job. Vacancies can be filled by promotion from within the service. In the case of basic ranks or where promotion is not possible or where there is a special need, vacancies are filled by open recruitment. To achieve the target of reducing the civil service establishment, the Government implemented a general recruitment freeze to the civil service with effect from 1 April 2003, with exemption granted only on very exceptional circumstances. Entry requirements for civil service posts in general are set on
3528-477: The rating scale with appraisees’ performance and the needs of the grades concerned. In 2021, 4 more departments reviewed their appraisal forms together with the Civil Service Training and Development Institute. The revised rating scales are now more clearly defined and discriminative. 1.4.1.2 Fairness and openness of the appraisal system The following requirements and guidelines are set out to ensure
3591-468: The recommendation of the independent Judicial Officers Recommendation Commission (JORC). Part-time Deputy Judges are appointed on a temporary basis by the Chief Justice . It is not uncommon for a person to sit as a Recorder or Deputy High Court Judge prior to appointment as a full-time High Court Judge. Newly-appointed High Court judges with previous service as the Director of Public Prosecutions in
3654-500: The standard of performance expected of them. Management of the process helps maximise individual performance and enhance the corporate efficiency and effectiveness of the civil service as a whole. As an integral part of the overall human resource management functions, it is a major tool in human resource planning (e.g. succession planning), development (e.g. training and job rotation), and management (e.g. confirmation, promotion, posting and disciplinary action). Performance appraisal of staff
3717-404: The system also provides a systematic mechanism for supervisors to identify individual strengths and weaknesses, hence providing relevant training and development as is necessary. The Civil Service Bureau issues Circular Memorandums and updates its Performance Management Guide to managers in bureaus and departments periodically to ensure performance management in the civil service is practised in
3780-415: The targets should be clearly communicated and well-perceived by the appraisee. Should changes to job responsibilities occur, they should be followed by reviews and revisions of the list. 1.2 Continuous coaching and development In order to provide direction and feedback, regular guidance and supervision of appraisees are required. The immediate feedback would allow appraisees to adjust their behaviours in
3843-663: Was intended to act as a more formal system of appointment compared to the more ad hoc nature of appointment of Deputy High Court Judges. The current Recorders of the Court of First Instance of the High Court (as at 1 August 2024) are (ranked according to the priority of their respective appointments): The Chief Justice appoints on a temporary basis a number of serving full-time District Court Judges, retired High Court Judges and practitioners in private practice (in general, barristers who are Senior Counsel or solicitors who are senior partners with litigation experience) to sit as part-time Deputy High Court Judges. Before 1983,
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#17328445391713906-517: Was named the Supreme Court before 1997 . Though previously named the Supreme Court, this Court has long been the local equivalent to the Senior Courts of England and Wales and has never been vested with the power of final adjudication. A person who has practised for at least 10 years as a barrister , advocate , solicitor or judicial officer in Hong Kong or another common law jurisdiction
3969-496: Was renamed in 1997. It was named the Supreme Court Building, and the road leading to its main entrance is still named Supreme Court Road . The High Court Building was designed by Architect K. M. Tseng. The structure is a white clad tower and has a water fountain outside its front door. Sometimes, the High Court may sit in another venue. For example, a serving District Judge sitting as a Deputy High Court Judge may hear
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