61-year-old Hong Kong High Court judge Chan Ka-shin has once again been involved in judicial plagiarism and has been ordered to take early retirement. Chan Ka-shin has submitted his retirement application as required and it has been approved, effective Friday (July 31).
According to the Hong Kong Government Gazette, in regards to the incidents where Chan Ka-shin, judge of the Court of First Instance of the High Court, was found to have committed judicial plagiarism multiple times in writing judgments, Chief Justice Andrew Cheung of the Court of Final Appeal issued a statement on Monday announcing the above news.
Cheung stated that a judge’s primary responsibility in hearing cases is to conduct hearings and render judgments impartially based on applicable laws and evidence presented in court. In fulfilling this duty, a judge must think independently, carefully consider and address the relevant disputes and outstanding matters, and then reach a decision. The independent judicial judgment exercised by judges is a core element of the adjudication process and is mainly reflected in the reasons for judgments and the content of the written judgments.
He emphasized that judicial plagiarism directly undermines these fundamental requirements and raises doubts as to whether the judge concerned has undertaken independent consideration of the disputes and matters requiring adjudication. Therefore, judicial plagiarism is a completely unacceptable act.
According to the law, the statutory retirement age for judges of the Hong Kong High Court and above is 70, and for district court judges it is 65, although extensions are possible at discretion. The terms for judges of the Court of Final Appeal can be extended no more than twice, each for three years, and the terms of High Court and District Court judges can be extended for no more than five years.