The Hong Kong judiciary has defended its recruitment and appointment procedures of judges and judicial officers, following attacks from the pro-Beijing press.

Ta Kung Pao, run by the Hong Kong Liaison Office, carried a report last month accusing the judiciary of running a biased appointment system. It cited an opinion piece by South China Morning Post columnist Howard Winn in 2014 that three magistrates had resigned in protest of the nepotism that existed inside the judiciary.

The report also quoted retired magistrate Symon Wong — now a practicing barrister — as saying that when he faced a board interviewing him for his promotion, only five members from the Judicial Officers Recommendation Commission were present, instead of seven as required under the rules.

The judiciary issued a statement on Thursday “in light of some media interest in the recruitment process,” saying that all appointments of judges and judicial officers are made by the chief executive on the recommendation of the Judicial Officers Recommendation Commission in accordance with the Basic Law, the relevant legislative requirements and the established procedure of the judiciary.

“This is a well-established mechanism which operates strictly in accordance with the law,” it said.

It reiterated the existing procedures that open recruitment exercises are conducted on a regular basis to fill vacancies, and advertisements are placed on the Judiciary’s website and newspapers.

All applications would be considered by a selection board, composed of judges and judicial officers appointed by the chief justice, which would carefully consider the professional qualifications and experience of each applicant, the judiciary said.

Members of the JORC would be invited to attend as observers, and the selection board’s assessment and recommendations would be submitted to the JORC for consideration.

After considering the selection board’s assessment and recommendations, the JORC will go through the recommendation procedures in accordance with the relevant provisions of the Judicial Officers Recommendation Commission Ordinance, the judiciary said. Article 92 of the Basic Law stipulates that judges are chosen on the basis of their judicial and professional qualities.

The JORC made up of nine members including the chief justice, the secretary for justice, and seven appointed by the chief executive including two judges, one barrister and one solicitor, and three people from outside the legal sector. A resolution is only effective at a meeting when fewer than two opposition votes have been received.

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