Patrick Chan (judge)

Patrick Chan Siu-oi GBM (traditional Chinese: 陳兆愷; simplified Chinese: 陈兆恺; Sidney Lau: Chan4 Siu6 Hui2) is a judge in Hong Kong. He currently serves as a Non-Permanent Judge of the Court of Final Appeal having previously been a Permanent Judge of that court.[1]

The Honourable Mr Justice
Patrick Chan
GBM
陳兆愷
Non-Permanent Judge of the Court of Final Appeal
Assumed office
2013
Permanent Judge of the Court of Final Appeal
In office
2000 – 21 October 2013
Appointed byTung Chee Hwa
Preceded byHenry Litton
Succeeded byJoseph Fok
Designated National Security Law Judge
Assumed office
2021
Appointed byCarrie Lam
1st Chief Judge of the High Court of Hong Kong
In office
1997–2000
Judge of the Court of First Instance of the High Court
In office
1992–1997
District Court
In office
1987–1991
Personal details
Born (1948-10-21) 21 October 1948
Hong Kong
Alma materUniversity of Hong Kong

Born in Hong Kong, Chan attended Wah Yan College, Hong Kong, a prominent Jesuit high school in Hong Kong. He received his Bachelor of Laws ("LLB") degree in 1974 and a Postgraduate Certificate in Laws in 1975 from the University of Hong Kong. He served pupillage under Patrick Yu and was called to the Hong Kong Bar in 1976.[2] He was a barrister in private practice until he joined the Judiciary as a District Judge in 1987.

Judicial career

Between 1987 and 1991, Chan served as judge in District Courts, having been appointed a District Judge on 9 November 1987. In 1991, he was appointed Deputy Registrar of the Supreme Court. In 1992, he began serving as a Judge in the Court of First Instance of the High Court of Hong Kong.

Chan was appointed the first Chief Judge of the High Court in 1997, when British colonial rule in Hong Kong ended and China resumed its sovereignty over the region. He thus became the first locally educated judge to hold that position.

In 2000, he was appointed a Permanent Judge of the Court of Final Appeal (Hong Kong's court of last resort). He retired in 2013 and was succeeded by Joseph Fok.[3] He continues to serve as a Non-Permanent Judge of the Court.

During his time on the bench, Chan contributed significantly towards the development of a bilingual legal system, and served on various judicial committees advocating the greater use of Chinese in judicial proceedings and the translation of English judgments.[4]

In February 2021, Chan claimed that there is no absolute separation of powers in Hong Kong, and that "It is more accurate to call it a division of authority."[5]

In May 2023, the Congressional-Executive Commission on China (CECC) of the United States Congress suggested the United States government imposing sanctions on Chan to counter the erosion of democratic freedoms in Hong Kong over his handling of Jimmy Lai's national security law case.[6][7]

Extra-Judicial Life

From October 2006 to September 2012, Chan was a member of the Law Reform Commission of Hong Kong.[8]

Chan was appointed an Honorary Bencher of the Inner Temple (England and Wales) in 2001. He was conferred Honorary Fellowships by the University of Hong Kong (2003) and the Chinese University of Hong Kong (2011). He was conferred with an Honorary Doctor of Laws degree by the City University of Hong Kong (2008) and an Honorary Doctor of Laws degree by the University of Hong Kong (2011).

In 2013, Chan was awarded the Grand Bauhinia Medal, the highest honour given by the HKSAR Government.

Chan has been recognised for his contributions to legal education in Hong Kong. He was the Chairman of the Joint Examination Board on Postgraduate Certificate in Laws set up to ensure that a common standard would be maintained for postgraduate law students of both the University of Hong Kong and the City University entering the legal profession.[9]

References
  1. Hong Kong Judiciary webpage Archived 23 January 2010 at the Wayback Machine, "About Us – List of Judges and Judicial Officers (Position as at 21 October 2013)".
  2. "Citation: Patrick CHAN Siu Oi, Doctor of Laws, honoris causa". HKSYU. 14 December 2017.
  3. "About the Court". Hong Kong Court of Final Appeal. Retrieved 7 November 2017.
  4. "The Hon Mr Justice Patrick CHAN - Honorary University Fellows - Honorary University Fellowships". www4.hku.hk.
  5. "Absolute separation of powers impossible, says Hong Kong national security judge ｜ Apple Daily". Apple Daily 蘋果日報 (in Chinese (Hong Kong)). Archived from the original on 4 February 2021. Retrieved 5 February 2021.
  6. "ONE CITY, TWO LEGAL SYSTEMS: HONG KONG JUDGES' ROLE IN RIGHTS VIOLATIONS UNDER THE NATIONAL SECURITY LAW". Congressional-Executive Commission on China. 10 May 2023.
  7. "No bail should be granted to defendants charged under national security law, says prosecutor". The Standard. 1 February 2021.
  8. "Commission members & staff". The Law Reform Commission of Hong Kong.
  9. "The Hon Mr Justice Patrick CHAN - Honorary University Fellows - Honorary University Fellowships". www4.hku.hk.
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