Andrew Li

{{Infobox officeholder

| honorific-prefix = The Honourable

| name = Andrew Li Kwok-nang

|native_name = {{nobold|李國能}}

|native_name_lang = zh-hk

| honorific-suffix = {{postnominals|country=HKG|GBM|CBE|KC|SC|JP}}

| image =

| order = 1st

| office = Chief Justice of the Court of Final Appeal

| term_start = 1 July 1997

| term_end = 31 August 2010

| nominator =

| appointer = Tung Chee-Hwa

| predecessor =

| successor = Geoffrey Ma

| office2 = Deputy High Court Judge

| term_start2 = 1991

| term_end2 = 1997

| office3 = Deputy Judge of the District Court

| term_start3 = 1982

| term_end3 = 1985

| office4 = Member of the Executive Council of Hong Kong

| term_start4 = October 1992

| term_end4 = 1996

| birth_date = {{birth year and age|1948|12}}

| birth_place = British Hong Kong

| nationality = Chinese

| spouse =

| relations =

| children =

| alma_mater = Fitzwilliam College, Cambridge (MA, LL.M)

}}

{{Chinese

|title=Andrew Li Kwok-nang

|order=ts

|t=李國能

|s=李国能

|j=lei5 gwok3 nang4

|p=Lǐ Guónéng

}}

Andrew Li Kwok-nang {{postnominals|country=HKG|GBM|CBE|KC|SC|JP}} ({{zh|t=李國能}}; born December 1948) is a retired Hong Kong judge, and a former Chief Justice of Hong Kong, who was the first to preside over the Hong Kong Court of Final Appeal, established on 1 July 1997. Li was succeeded by Geoffrey Ma on 1 September 2010.

Li was born in Hong Kong and educated locally and in England. A graduate of the University of Cambridge, Li practised as a barrister in Hong Kong until his appointment as Chief Justice. During his 13 years as Chief Justice, Li handled a variety of important appellate cases and was known for his moderate jurisprudence and visionary leadership. He has remained active in public service since his retirement.

Early life and education

Born in Hong Kong, Andrew Li received his early education at St. Paul's Co-educational College, and then at Repton School in Derbyshire, England. He earned an MA and LLM from Fitzwilliam College, Cambridge.

File:Court of Final Appeal (HK).jpg

Legal career

Li was called to the Middle Temple in 1970, and the Hong Kong Bar in 1973.{{cite web|url=http://www3.hku.hk/hongrads/index.php/archive/graduate_detail/80 |title=Andrew Kwok Nang LI Citation |author=Raymond Wacks |accessdate=2 March 2010 |url-status = dead|archiveurl=https://web.archive.org/web/20110716080921/http://www3.hku.hk/hongrads/index.php/archive/graduate_detail/80 |archivedate=16 July 2011 |df=dmy }} He served pupillage under Peter Millett, later Lord Millett.{{cite book |last1=Millett |first1=Peter |title=As In Memory Long |publisher=Wildy, Simmonds & Hill Publishing; UK ed. edition (21 Sept. 2015) |page=191}}

His first ever pupil was Audrey Eu, who commenced her pupillage in 1978. Her brother and senior counsel {{Interlanguage link|Benjamin Yu|zh|余若海|vertical-align=sup}} was also Li's pupil.{{cite web|url=http://hk.news.yahoo.com/article/100716/4/j70 million.html|title=好法官獲讚良師益友嚴上司首徒余若薇﹕網羅才俊知人善任|date=17 July 2010|work=Ming Pao|accessdate=18 July 2010}}{{dead link|date=December 2017 |bot=InternetArchiveBot |fix-attempted=yes }} Former Secretary for Justice Wong Yan Lung was Li's last pupil.{{cite web |url=http://hk.news.yahoo.com/article/100716/4/j7cp.html |title=黃仁龍引小說願師父享受退休 |date=17 July 2010 |accessdate=18 July 2010 |archiveurl=https://web.archive.org/web/20100720134445/http://hk.news.yahoo.com/article/100716/4/j7cp.html |archivedate=20 July 2010 |url-status = dead|df=dmy-all }} In 1988, he was appointed Queen's Counsel.

He was appointed a Deputy Judge of the District Court of Hong Kong in 1982 and a Deputy High Court Judge in 1991. In 1997, Li was appointed the Chief Justice of the Court of Final Appeal by Tung Chee-Hwa, the first Chief Executive of the Hong Kong Special Administrative Region after the handover. As Chief Justice, he presided in the Court of Final Appeal and was Head of the Judiciary charged with its administration. He served for 13 years until his retirement in 2010.

Li has been lauded for visionary leadership as Chief Justice.Young, S. N. M., Da Roza, A., & Ghai, Y. (2014). Role of the Chief

Justice. In Young, S. N. M., & Ghai, Y. (Ed.) Hong Kong's Court of Final Appeal: The development of the law in China's Hong Kong (pp.252). Cambridge, United Kingdom: Cambridge University PressGhai, Y. (2014). Themes and arguments. In Young, S. N. M., & Ghai,

Y. (Ed.) Hong Kong's Court of Final Appeal: The development of the law in China's Hong Kong (pp.29). Cambridge, United Kingdom: Cambridge University PressMason, A. (2011). Chief Justice Li: A tribute. Hong Kong Law Journal, 41(1), 1-4. Retrieved from https://www-heinonline-org.eproxy.lib.hku.hk/HOL/Page handle=hein.journals/honkon41&id=3&collection=journals&index=journals/honkon (Requires login){{cite news |id={{ProQuest|733063762}} |last1=Pannick |first1=David |title=Li's judgment lays a firm foundation for Hong Kong rule of law |work=The Times |location=London |date=29 July 2010 |page=65 }} He has left "an indelible mark in the annals of the history of the HKSAR."Legislative Council (2010). Official record of proceedings

(Dr The Honourable Margaret Ng’s speech) [Government publication]. Retrieved from http://www.legco.gov.hk/yr09-10/english/counmtg/hansard/cm0609-translate-e.pdf

He was "the main impetus" in the development of the Court of Final Appeal, where he developed a moderate jurisprudence and was a consensus builder.Hong Kong Judiciary. (2015, September 25). CJ's speech at ceremonial opening of the Court of Final Appeal building [Press release]. Retrieved from

http://www.info.gov.hk/gia/general/201509/25/P201509250358.htm

Lord Millett, who served alongside Li as a non-permanent judge of the CFA, described Li as "[certainly] the wisest" member of the court.{{cite book |last1=Millett |first1=Peter |title=As In Memory Long |publisher=Wildy, Simmonds & Hill Publishing; UK ed. edition (21 Sept. 2015) |page=192}}

In 1999, he gave the leading judgment in Ng Ka Ling and Others v. Director of Immigration,{{cite web |url=http://legalref.judiciary.gov.hk/lrs/common/search/search_result_detail_frame.jsp?DIS=34052&QS=%28{%24ng+ka+ling}+%25parties%29&TP=JU&currpage=T |title=FACV No. 14-16 of 1998 }} which was at the centre of the right of abode controversy.

In 2000, Li set up a working party, consisting of judges, lawyers and academics, to introduce reforms on minimising the complexity of High Court civil litigation procedures, widening judges' discretionary powers to manage the progress of cases and requiring lawyers to justify their charges. An interim report was released in 2001, containing 80 recommendations, some of which mirror those in the Woolf Reforms in England.{{cite web|url=http://home.pacbell.net/pkykwan/HKU/tls/lawreform.htm |title=Law Reform |publisher=Home.pacbell.net |date=30 November 2001 |accessdate=18 September 2010 }}{{dead link|date=October 2016 |bot=InternetArchiveBot |fix-attempted=yes }} Known as the Civil Justice Reform, the final report was released on 3 March 2004, setting out 150 recommendations.{{cite web|url=http://www.civiljustice.gov.hk/eng/archives_fr.html |title=Civil Justice Reform – Archives |publisher=Government of Hong Kong |accessdate=18 September 2010}} It has come into effect on 2 April 2009.{{cite web|url=http://www.civiljustice.gov.hk/eng/home.html |title=Civil Justice Reform – Home |publisher=Government of Hong Kong |accessdate=18 September 2010}}

Li announced his decision to resign early from his position as Chief Justice on 25 August 2009, ceasing service on 31 August 2010 and commencing pre-retirement leave on 1 September 2010, three years before retirement age."[http://news.sina.com.hk/cgi-bin/nw/show.cgi/32/1/1/1251821/1.html 李國能提早3年退休] {{Webarchive|url=https://web.archive.org/web/20120223140154/http://news.sina.com.hk/cgi-bin/nw/show.cgi/32/1/1/1251821/1.html |date=23 February 2012 }}" (Andrew Li Retires 3 Years Early), Ming Pao, 2 September 2009. He would leave public life upon retirement.{{cite web |url=http://www.info.gov.hk/gia/general/200909/02/P200909020180.htm |title=Early Retirement of the Honourable Chief Justice Andrew Li |date=2 September 2009 |publisher=Hong Kong Government |accessdate=7 April 2010}} Li's announcement that he intended to take early retirement came as a surprise, prompting widespread speculation that there had been pressure from Beijing, according to the South China Morning Post. Li, however, stressed his retirement was in the best interests of the judiciary and would be conducive to orderly succession planning of the judiciaryWong, Albert (10 Jun 2010) "Lawmakers endorse Geoffrey Ma as top judge", South China Morning Post as three other permanent judges on the Court of Final Appeal were to reach retirement age between 2012 and 2014. He also said the judiciary had been under his leadership for 13 years, which was a long time, and that retirement was consistent with his personal wishes. He dismissed speculation that he resigned due to political pressure.[http://www.chinadaily.com.cn/china/2009-09/02/content_8648370.htm HK Chief Justice Andrew Li to retire early]{{cite web|url=http://www.singtao.com/yesterday/loc/0903ao01.html |title=28¤¸Ő¸¨šę š¸v§Yľôű – ŹPŽq¤éłřşôś |work=Sing Tao Daily |accessdate=18 September 2010 |url-status = dead|archiveurl=https://web.archive.org/web/20120805200822/http://www.singtao.com/yesterday/loc/0903ao01.html |archivedate=5 August 2012 |df=dmy }}

On 18 February 2010, Li achieved the highest score ever recorded (68.1) by the University of Hong Kong Public Opinion Programme.{{cite web|url=http://news.hkheadline.com/instantnews/news_content/201002/18/20100218a151239.html |title=頭條日報頭條網 – 李國能評分歷史新高 |publisher=News.hkheadline.com |accessdate=18 September 2010}}{{Cite web|url=http://hkupop.hku.hk/chinese/popexpress/judiciary/andrew/poll/datatables.html|title = 數表}}

On 8 April 2010, it was announced that Chief Executive Donald Tsang had accepted the recommendation of the Judicial Officers Recommendation Commission to appoint Geoffrey Ma as Li's successor.{{cite web |url=http://www.info.gov.hk/gia/general/201004/08/P201004080184.htm |title=Appointment of the Chief Justice of the Court of Final Appeal |date=8 April 2010 |publisher=Hong Kong Government |accessdate=8 April 2010}} On 9 June 2010, Ma was formally endorsed unanimously by Hong Kong legislators.{{cite web|url=http://www.thestandard.com.hk/news_detail.asp?we_cat=4&art_id=99230&sid=28533915&con_type=1&d_str=20100610&fc=7 |title=Ma confirmed as next chief justice |author=Phila Siu and Colleen Lee |date=10 June 2010 |work=The Standard |accessdate=10 June 2010 |url-status = dead|archiveurl=https://web.archive.org/web/20110629184914/http://www.thestandard.com.hk/news_detail.asp?we_cat=4&art_id=99230&sid=28533915&con_type=1&d_str=20100610&fc=7 |archivedate=29 June 2011 }} But pro-democracy members remained concerned at the implications of Li's resignation. Margaret Ng said: "The public is deeply worried that [Li's resignation] signals an era in which judicial independence will gradually yield to the influence and intervention of Beijing ... but I believe the challenges have always been there, openly at times, but unceasingly as an undercurrent." Emily Lau said many people were unnerved by Li's decision to resign, and that "Hong Kong cannot afford another surprise resignation."

On 17 July 2010, a farewell ceremony was held for Li. The courtroom was packed by judges and lawyers, including representatives of the Law Society of Hong Kong and the Bar Association.{{cite web|url=http://hk.news.yahoo.com/article/100716/4/j7cn.html|title=李國能淚別終院無悔無憾自比「香港之子」感激妻女支持|date=17 July 2010|work=Ming Pao|accessdate=18 July 2010|archiveurl=https://web.archive.org/web/20100718140803/http://hk.news.yahoo.com/article/100716/4/j7cn.html|archivedate=18 July 2010|url-status = dead|df=dmy-all}}

Extra-judicial life

Li has a long record of public service. He was appointed Justice of the Peace in 1985. In 1992, he was appointed member at-large of the Executive Council of Chris Patten (later Lord Patten of Barnes), the last British Governor of Hong Kong, and was appointed Commander of the Order of British Empire the same year.

Li had served as Chairman of the Land Development Corporation, Deputy Chairman of the Inland Revenue Board of Review, member of the Securities Commission, the Law Reform Commission, the Standing Committee on Company Law Reform, the Banking Advisory Committee, and the Judicial Services Commission, and Honorary Secretary of the Hong Kong Bar Association. He had also served as steward of the Hong Kong Jockey Club.

On the education front, Li had served as vice-chairman of the Council of the Hong Kong University of Science and Technology and chairman of the university and Polytechnics Grants Committee. He had also served as a trustee of the Friends of Tsinghua University Law School Charitable Trust and as the vice-chairman of the School Council of St. Paul's Co-educational College of Hong Kong.

Li has received numerous awards, including Honorary Degrees awarded by Hong Kong University of Science & Technology (1993); Baptist University (1994); Open University of Hong Kong (1997); University of Hong Kong (2001); Griffith University (2001), University of New South Wales (2002), University of Technology, Sydney (2005), Chinese University of Hong Kong (2006), Shue Yan University (2009), Lingnan University (2010), City University of Hong Kong (2010), Tsinghua University (2013) and University of Oxford (2013).[http://www.ox.ac.uk/news/2013-02-15-oxford-announces-honorary-degrees-2013 "Oxford announces honorary degrees for 2013"]. University of Oxford. 15 February 2013. Retrieved 30 September 2015. He was made an Honorary Bencher of the Middle Temple in 1997, an Honorary Fellow of Fitzwilliam College, Cambridge in 1999, and an Honorary Fellow of St Hugh's College, Oxford in 2016.

Li was awarded the Grand Bauhinia Medal by the Hong Kong Government in 2008.“Civil and Miscellaneous Lists” (http://www.info.gov.hk/cml/eng/miscell/index2.htm {{Webarchive|url=https://web.archive.org/web/20181026204102/https://www.info.gov.hk/cml/eng/miscell/index2.htm |date=26 October 2018 }}). Government of Hong Kong. 1 July 2010. Retrieved 18 September 2010. He received the Woodrow Wilson Award for Public Service and the Sing Tao Leader of the Year Award in 2010. In the following year, he was made an Honorary Life Member respectively of the Hong Kong Bar Association and of the Law Society of Hong Kong. He is also a Patron of the Bingham Centre for the Rule of Law.

Since his retirement from the post of Chief Justice, Li has devoted himself to education. He is Honorary Professor of Law at the University of Hong Kong, Chinese University of Hong Kong and the City University of Hong Kong,{{cite web |url=http://news.sina.com.hk/cgi-bin/nw/show.cgi/2/1/1/1830604/1.html |title=李國能任三大名譽教授 – 新浪網 – 新聞 |publisher=Sina Corp |accessdate=18 September 2010 |archiveurl=https://web.archive.org/web/20100927032741/http://news.sina.com.hk/cgi-bin/nw/show.cgi/2/1/1/1830604/1.html |archivedate=27 September 2010 |url-status = dead|df=dmy-all }}{{cite web|url=http://m.rthk.hk/news/20100823/693112.htm |title=rthk.hk – University appointments for retiring CJ |publisher=RTHK |date=23 August 2010 |accessdate=18 September 2010}} {{Dead link|date=November 2010|bot=H3llBot}} as well as a visiting professor of Tsinghua University.

In an interview published in early June 2020, Li said about the Hong Kong national security law, whose enactment would follow at the end of the month, that it was understandable for the National People's Congress to enact this legislation, but that "investigatory powers must be governed by Hong Kong law", and that a requirement on national security judges to not have dual or foreign citizenship would be detrimental to judicial independence.{{cite web|url=https://hongkongfp.com/2020/06/03/hong-kongs-ex-chief-justice-says-security-law-must-not-be-retroactive-opposes-bar-on-foreign-judges/|title=Hong Kong's ex-chief justice says security law must not be retroactive; opposes bar on foreign judges|first=Rachel|last=Wong|work=Hong Kong Free Press|date=3 June 2020|access-date=18 July 2021}}

Li is married with two daughters. His wife, Li Woo Mo Ying Judy, is a graduate of the University of Hong Kong (Social Sciences, 1970).