The following is the address by the Secretary for Justice, Mr Paul Lam, SC, at the Ceremony for the Admission of the New Senior Counsel today (May 20):

Chief Justice, members of the Judiciary, Chairman of the Bar, President of the Law Society, fellow members of the legal profession, distinguished guests, ladies and gentlemen:

     On behalf of the Department of Justice, I wish to extend my warmest congratulations to the four new silks, Mr Bruce Tse, Mr Anthony Chan, Mr Mike Lui and Mr Christopher Chain. Their appointment as Senior Counsel shows that their ability and integrity are well known and recognised. In order to enable you to have a better idea, or a more complete picture as to who they are, I have tried to collect information about them from my colleagues in the Department of Justice and my friends at the Bar. But since such information is largely hearsay in nature, I wish to disclaim liability in case what I am going to say turns out to be untrue or inaccurate.

     Let me start with Bruce. Bruce specialises in criminal matters. We were both the former pupils of Mr Warren Chan. Bruce is extremely hard working. My colleagues complained that he would call advising counsel at 12 midnight or even 1am to discuss cases when prosecuting on fiat. In court, he loves to use examples to illustrate his arguments; and hence, I was told that his pet phrase (口頭禪) is, in Cantonese, “舉個例” (i.e. for example). During court breaks, and before or after court, he is often seen drinking coffee/milk tea and smoking at the same time.

     Turning to Anthony, Anthony has a broad civil practice with an emphasis on public law and commercial law. He had been instructed by the Department of Justice to appear in many public law cases. One of my good friends at the Bar described him, perhaps not very kindly, as a very “old biscuit” (老餅) because since he was 20 he has been looking the same as now. I will definitely seek Anthony’s advice on how come he can preserve his appearance so successfully. He undoubtedly bears all the hallmarks of a gentleman. Having said that, appearance might be deceptive. What surprises me the most is that my colleagues told me Anthony is a loyal fan of a male artist, Ekin Cheng (鄭伊健). Ekin Cheng is, of course, most famous for the role he played and songs he sang in a series of films relating to the underworld in Hong Kong.

     Mike has a general civil and criminal practice. He appeared for the Government in both public law cases and other civil matters. I was told he excelled in mathematics and had won many mathematics prizes. He is described as a perfectionist, and loves winning. He is also very good at playing basketball. On one occasion, he wanted to win a basketball competition so badly that he hired an expensive basketball coach but, unfortunately, no one but Mike himself turned up at the training session. Whether his team won the game remains a mystery.

     Christopher specialises in commercial and company litigation. He had also appeared for the Government in civil matters. My colleagues said he is very diligent, efficient and approachable. He wrote me a long letter in reply to my congratulation message. What was unexpected is that, in the letter, he reassured me very tactfully that I had made the right choice to leave private practice. He did so by reminding me that we were against each other in a case before the Court of Appeal; the judges gave me a hard time; he won, and I lost.

     On a more serious note, today undoubtedly marks the beginning of a new chapter in the life and career of the four new silks. Senior Counsel are often depicted in movies and television dramas as upper class people enjoying a good life. Because of your ability and diligence, fame and wealth are well deserved. But they are not really the matters that should make you proud.

     My learned friend, Chairman of the Bar, Mr Victor Dawes, SC, said jokingly at the Bar Scholarship Presentation Ceremony about 10 days ago that the Hong Kong Bar is an endangered species. What he meant is that the Hong Kong Bar is a rare species since very few common law jurisdictions retain a divided legal profession. However, the Bar is not an endangered species as if it were facing a real risk of extinction.

     Leaders of our country have said repeatedly that the principle of “one country, two systems” is good policy that must be adhered to in the long run. They have also emphasised time and again that one of the unique advantages of Hong Kong is our common law system, and that it must be maintained and developed.

     As a matter of fact, about one third of the world’s population live in jurisdictions governed by the common law. One may, therefore, ask why is our common law system considered to be a unique advantage when common law is not unique to Hong Kong? Our legal system is unique in the sense that Hong Kong is the only place within China that practises the common law. It is an advantage because our common law system has a long history and enjoys a very high reputation around the world. It is a renowned common law system with Hong Kong characteristics under the principle of “one country, two systems”.

     The existence of a strong and independent Bar is an essential component of our distinctive common law system. It must follow that to maintain a strong and independent Bar will be critical to the preservation and development of our common law system. A strong and independent Bar entails a self-regulatory legal profession that commands the trust and respect of people both within and outside Hong Kong. This is where Senior Counsel play a special role.

     To begin with, as leaders of the Bar, Senior Counsel shall of course set good examples to junior members on how to provide legal services and discharge professional duties in an utmost competent and dignified manner. But more importantly, it is crucial for Senior Counsel to take the lead to show to people that we have a strong sense of community. We need to let people know and believe that top lawyers are not living in an ivory tower, who are only interested in pursuing their personal goals. Instead, we are ready and willing to sacrifice our time and income, and to contribute our legal expertise for the common good of society. I would strongly encourage you to provide public services whenever there are such opportunities.

     We are living at an unusual and challenging time in history. It will be naïve and dangerous to overlook the harsh reality that not all people wish to see the continuous success of our legal system. We have seen and heard false accusations, as well as malicious threats, being made against members of the Judiciary and the legal profession. They are apparently aimed at undermining people’s trust and confidence in Hong Kong’s legal and judicial system, and deterring judicial officers and legal professionals from discharging their professional duties.

     Members of the legal profession must speak out together loudly and clearly to defend our legal and judicial system. The words of Senior Counsel, who are known to be respectable members of the independent Bar, will be particularly weighty and reassuring to the general public. It is important to ensure that people will not be misled or lose confidence in our legal and judicial system. It is equally important to show to our enemies our solidarity, resilience and determination to rise up to challenges, and that we will not be deterred.

     I am very confident that the four new silks will meet these expectations. On this happy occasion, I wish to end by wishing you all the best and every success.

The following is issued on behalf of the Judiciary:   

     The following is the full text of an address by the Chief Justice of the Court of Final Appeal, Mr Andrew Cheung Kui-nung, at the Ceremony for the Admission of the New Senior Counsel today (May 20):

Secretary for Justice, Chairman of the Bar, President of the Law Society, fellow judges, ladies and gentlemen,

     It is a great pleasure to be able to welcome you all on behalf of the Judiciary to this annual ceremony to mark the occasion of the admission to the rank of Senior Counsel of Mr Bruce Tse, Mr Anthony Chan, Mr Mike Lui and Mr Christopher Chain. These appointments will undoubtedly strengthen the Inner Bar, as between them, the new Senior Counsel cover a broad range of practice areas.
 
     I take this opportunity to first extend to our new silks the heartiest and most earnest congratulations on your appointments as Senior Counsel. This is no doubt a moment for celebration for your families and friends, but also your colleagues and peers. It is, after all, the culmination of a long journey to the pinnacle of your career at the junior Bar, one that is more marathon than sprint. But as this journey ends, another begins.
 
     A career at the Bar is a unique one in many senses, one of which is that there really are very few conspicuous milestones, perhaps apart from the annual revision of one’s hourly rate and fees. So it is certainly remarkable when one is called to the Inner Bar. But being called to the Inner Bar is no ordinary career milestone.

     It is hard to believe that it is now nearly 420 years since the office of the first King’s Counsel in the ordinary, Sir Francis Bacon, was established. That the title of Senior Counsel has been sought for so long provides some idea of how significant the title is. But the title is not just significant to the legal profession alone.
 
     Formally, members of the Inner Bar are given precedence and a rank superior to that of ordinary counsel. However, the role of Senior Counsel in Hong Kong is far more significant than that. Under the “One Country, Two Systems” arrangement, the common law institution of the Inner Bar has been maintained along with Hong Kong’s common law traditions. The maintenance of the split profession between the Bar and solicitors ensures that clients have the benefit of independent legal advice and representation, particularly at trial. The cab-rank rule ensures the availability of legal representation to all, even those whose cases public opinion might be against.

     Since 1997, members of the Inner Bar have held high public offices and served in various statutory bodies as chairpersons and members.
 
     This illustrates that not only are Senior Counsel sought after for their legal services, but how seriously the rank of Senior Counsel is taken in our society. It is a mark of quality, and of credibility. Above all this, however, this also demonstrates how important the public service performed by members of the Inner Bar is to Hong Kong. Much of this work is unpaid, or token remuneration is given – payment for these public service roles is certainly a far cry from what the Senior Counsel could charge for their time. Yet I am pleased to say that many members of the Inner Bar have given generously of their time and expertise to public service in one form or another.

     The title of Senior Counsel is not merely an independent indication of professional excellence and integrity, but comes with it the responsibilities of leadership of the independent Bar and all its best qualities, including the upholding of the rule of law and the proper administration of justice, the highest standards of professional conduct, discipline and etiquette, and the right of all persons to be legally represented in a court of law. Much is expected of those holding the title – in particular, as leaders of the Bar, there is an expectation of Senior Counsel to give back to the profession, and to the community. Like those before you, we have no doubt that you will discharge this obligation with distinction.
 
     In this regard, the Bench too, draws heavily from the Inner Bar, not only for its generosity and public-mindedness, but also for its strong independence and depth of expertise. But not only that. Our society looks very much to members of the Inner Bar to help fill the ranks of the Judiciary. This in turn strengthens not only the Judiciary, but more importantly, the rule of law in Hong Kong.
 
     Whilst on this topic of strengthening the rule of law in Hong Kong, it is impossible not to mention that it is a duty of all lawyers, but in particular the Inner Bar, to protect the rule of law against those who would seek to undermine it. It is their duty to speak out in defence of Hong Kong’s legal system, including the independence of the Judiciary, and to stand up against any attempt to interfere with the due administration of justice by our judges.

     Thus, although your journey to the zenith of the junior Bar has come to a close, for Mr Bruce Tse, Mr Anthony Chan, Mr Mike Lui and Mr Christopher Chain, a new phase of your lives and careers now begins.

     Mr Bruce Tse has been a member of the Bar since 1997, and is a specialist in criminal matters. He now brings with him a rich experience in the criminal law to the Inner Bar.
 
     Mr Anthony Chan was called to the Bar in 2005, carrying on a broad civil litigation and advisory practice, with an emphasis on public law and commercial law that will no doubt continue to flourish.
 
     Mr Mike Lui has had a general civil and commercial practice since he was called to the Bar in 2006, and his expertise in judicial review, discrimination and employment litigation will certainly add to the breadth of the Inner Bar.
 
     And last but certainly not least, Mr Christopher Chain was admitted to the Bar in 2008, having specialised in commercial and company litigation, an area that remains key to Hong Kong as a legal jurisdiction.

     The responsibility of the Chief Justice in appointing new Senior Counsel is an onerous one, one that requires a large degree of looking to the future, not only of the applicants’ professional careers and maturity as a person, but of their potential contributions to the Bar, the law, and to the rule of law and future of Hong Kong. It is a process that involves consulting not only within the senior ranks of the Judiciary, but also the legal profession. I feel confident that the four successful applicants this year have not only enjoyed support from the Bench and the profession, but will in due course also enjoy the support of the wider public.

     It would be appropriate for me at this juncture to extend my congratulations to your spouses and children, parents and family members, colleagues and friends. No doubt they have supported you all greatly through late nights and long weekends lost to the preparation of cases in court.

     This is rightly a proud moment for them. As I mentioned, the title of Senior Counsel is an independent indication of professional excellence and integrity, as well as its public dimension. It is an acknowledgment of the experience, expertise and eminence of each of you in your respective areas of law. As barristers, it is also a mark of distinction in your practice of the art of advocacy, in presenting and defending your clients’ cases.

     I once again congratulate our four new Senior Counsel on their accomplishments. We are all, I am sure, looking forward to their further accomplishments in future, and their contributions to the rule of law and to the community of Hong Kong. This is indeed a special occasion for everyone. Thank you.