Kemal Bokhary
Encyclopedia
Syed Kemal Shah Bokhary is a judge
in Hong Kong
. , he serves as one of the three Permanent Judges of Hong Kong's Court of Final Appeal.
, who also lives in Hong Kong, is a native of the North-West Frontier Province
in what is now Pakistan
. He came to Hong Kong with the British Indian Army
after its liberation from Japanese occupation
. Bokhary himself was born in Hong Kong in 1947. He received his early education in the King George V School
, Hong Kong
and his legal education in London
. Bokhary is married to High Court judge Verina Saeeda Bokhary (包鍾倩薇), with whom he has three daughters.
. The following year, he also became a Justice of the Peace
. In 1989, he was appointed a Judge of the High Court
. He came to wide public attention in early 1993 for presiding over an inquest into the New Year's Eve stampede at Lan Kwai Fong
, in which 21 people were killed. He was promoted to the Court of Appeal
later that year. In 1997, upon the handover of Hong Kong from Britain to the People's Republic of China
, Bokhary was appointed a Permanent Judge of the Court of Final Appeal of Hong Kong
. He is known for his sense of humour and his talkativeness in court.
In 2001, Bokhary was elected a bencher
of London's Middle Temple
.
Out of the permanent judges of the Court of Final Appeal, Bokhary holds the record for the number of dissenting opinion
s he has written. He is also described as the "most hard-working" judge; during his thirteen years of tenure, he has heard 95% (299) of the 313 cases which came before the Court of Final Appeal, a higher proportion than his fellow judges. Bokhary is considered the most liberal of all of the judges on the Court of Appeal, and legal scholars see his frequent dissents as "intellectually superior" to opinions written by the other judges. He has thus become known as the "conscience of the court", but as he nears the end of his career, observers see no clear successor who will play the same role in the Court of Appeals. Bokhary will reach retirement age in 2012.
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
in Hong Kong
Hong Kong
Hong Kong is one of two Special Administrative Regions of the People's Republic of China , the other being Macau. A city-state situated on China's south coast and enclosed by the Pearl River Delta and South China Sea, it is renowned for its expansive skyline and deep natural harbour...
. , he serves as one of the three Permanent Judges of Hong Kong's Court of Final Appeal.
Early life and family
Bokhary's father Daoud BokharyDaoud Bokhary
Daoud Bokhary is a retired Hong Kong businessman.-Early life:Bokhary was born near Peshawar in the North-West Frontier Province of British India . He served in the British Indian Army for four years as a logistics expert, and came to Hong Kong with the army on the first British ship after the...
, who also lives in Hong Kong, is a native of the North-West Frontier Province
North-West Frontier Province
Khyber Pakhtunkhwa , formerly known as the North-West Frontier Province and various other names, is one of the four provinces of Pakistan, located in the north-west of the country...
in what is now Pakistan
Pakistan
Pakistan , officially the Islamic Republic of Pakistan is a sovereign state in South Asia. It has a coastline along the Arabian Sea and the Gulf of Oman in the south and is bordered by Afghanistan and Iran in the west, India in the east and China in the far northeast. In the north, Tajikistan...
. He came to Hong Kong with the British Indian Army
British Indian Army
The British Indian Army, officially simply the Indian Army, was the principal army of the British Raj in India before the partition of India in 1947...
after its liberation from Japanese occupation
Japanese occupation of Hong Kong
The Japanese occupation of Hong Kong began after the Governor of Hong Kong, Sir Mark Young, surrendered the territory of Hong Kong to Japan on 25 December 1941 after 18 days of fierce fighting by British and Canadian defenders against overwhelming Japanese Imperial forces. The occupation lasted...
. Bokhary himself was born in Hong Kong in 1947. He received his early education in the King George V School
King George V School
King George V School , often shortened to "KGV" is a co-educational international secondary independent school of the English Schools Foundation, located in the Ho Man Tin area of Hong Kong. Currently school 1,700 students in the Kowloon peninsula, it is one of the oldest schools in Hong Kong,...
, Hong Kong
Hong Kong
Hong Kong is one of two Special Administrative Regions of the People's Republic of China , the other being Macau. A city-state situated on China's south coast and enclosed by the Pearl River Delta and South China Sea, it is renowned for its expansive skyline and deep natural harbour...
and his legal education in London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
. Bokhary is married to High Court judge Verina Saeeda Bokhary (包鍾倩薇), with whom he has three daughters.
Career
Bokhary was called to the English Bar in 1970 and to the Hong Kong Bar the following year. He went on to establish a successful legal practice in Hong Kong. In 1983, he was appointed Queen's CounselQueen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
. The following year, he also became a Justice of the Peace
Justice of the Peace
A justice of the peace is a puisne judicial officer elected or appointed by means of a commission to keep the peace. Depending on the jurisdiction, they might dispense summary justice or merely deal with local administrative applications in common law jurisdictions...
. In 1989, he was appointed a Judge of the High Court
High Court (Hong Kong)
The High Court in Hong Kong consists of the Court of Appeal and the Court of First Instance. It deals with criminal and civil cases which have risen beyond the lower courts. It was named the Supreme Court before 1997.- High Court Building :...
. He came to wide public attention in early 1993 for presiding over an inquest into the New Year's Eve stampede at Lan Kwai Fong
Lan Kwai Fong
Lan Kwai Fong is a small square of streets in Central, Hong Kong. The area was dedicated to hawkers before the Second World War, but underwent a renaissance in the mid 1980s. It is now a popular expatriate haunt in Hong Kong for drinking, clubbing and dining...
, in which 21 people were killed. He was promoted to the Court of Appeal
Court of Appeal (Hong Kong)
The Court of Appeal deals with appeals on all civil and criminal cases from the Court of First Instance and the District Courts of Hong Kong. It is one of two courts that makes up the High Court of Hong Kong....
later that year. In 1997, upon the handover of Hong Kong from Britain to the People's Republic of China
People's Republic of China
China , officially the People's Republic of China , is the most populous country in the world, with over 1.3 billion citizens. Located in East Asia, the country covers approximately 9.6 million square kilometres...
, Bokhary was appointed a Permanent Judge of the Court of Final Appeal of Hong Kong
Hong Kong
Hong Kong is one of two Special Administrative Regions of the People's Republic of China , the other being Macau. A city-state situated on China's south coast and enclosed by the Pearl River Delta and South China Sea, it is renowned for its expansive skyline and deep natural harbour...
. He is known for his sense of humour and his talkativeness in court.
In 2001, Bokhary was elected a bencher
Bencher
A bencher or Master of the Bench is a senior member of an Inn of Court in England and Wales. Benchers hold office for life once elected. A bencher can be elected while still a barrister , in recognition of the contribution that the barrister has made to the life of the Inn or to the law...
of London's Middle Temple
Middle Temple
The Honourable Society of the Middle Temple, commonly known as Middle Temple, is one of the four Inns of Court exclusively entitled to call their members to the English Bar as barristers; the others being the Inner Temple, Gray's Inn and Lincoln's Inn...
.
Out of the permanent judges of the Court of Final Appeal, Bokhary holds the record for the number of dissenting opinion
Dissenting opinion
A dissenting opinion is an opinion in a legal case written by one or more judges expressing disagreement with the majority opinion of the court which gives rise to its judgment....
s he has written. He is also described as the "most hard-working" judge; during his thirteen years of tenure, he has heard 95% (299) of the 313 cases which came before the Court of Final Appeal, a higher proportion than his fellow judges. Bokhary is considered the most liberal of all of the judges on the Court of Appeal, and legal scholars see his frequent dissents as "intellectually superior" to opinions written by the other judges. He has thus become known as the "conscience of the court", but as he nears the end of his career, observers see no clear successor who will play the same role in the Court of Appeals. Bokhary will reach retirement age in 2012.
Quotes
- "Humanity is the application." (Lau Kong Yung v. Director of ImmigrationLau Kong Yung v. Director of ImmigrationLau Kong Yung v. Director of Immigration was a 1999 right of abode case in the Hong Kong Court of Final Appeal following closely on the heels of the landmark Ng Ka Ling v. Director of Immigration decision earlier that year...
) - "To remit the maintenance of constitutional right to the region of judicial discretion is to shift the foundations of freedom from the rock to the sand." (Prem Singh v Director of Immigration)
- 'Human rights are aptly named, being basic to and inherent in humankind. ..."have always existed with the human being ... independently of, and before, the State."' (Secretary for Justice v Yau Yuk Lung, citing Ethiopia v South Africa; Liberia v South Africa)
- "Of the many and varied purposes for which law is made, none is more important than that of declaring, protecting and realising the full potential of human rights." (Secretary for Justice v Yau Yuk Lung)
- "And then I conclude by paying another tribute. It is to the dignity in adversity displayed by all the abode-seekers, including and especially the woman who made every effort to remain composed before ultimately breaking down in tears at the final hearing of this long and sad case. My saying that may only be cold comfort to them. But I consider it right to say it nevertheless." (Ng Siu Tung FACV1/2001 at para 55)
- "What is the true scope of the protection conferred by the presumption of innocence? [...] Just because the presumption of innocence is a key component of our criminal justice system, it does not follow that the protection which it confers is strictly confined to criminal proceedings. Such protection obviously extends at least to include civil matters connected with such proceedings. [...] The law moves forward, especially to provide better protection and enforcement of fundamental rights and freedoms. [...] Indifference to a fundamental right or freedom is more insidious – and in that sense can be even more dangerous – than any open derogation from that right or freedom. [...] Threats to fundamental rights and freedoms can come in unpredictable shapes and sizes. A constitution’s protection potential must not be cramped. [...] Article 39 of the Basic Law provides that the International Covenant on Economic, Social and Cultural Rights as applied to Hong Kong shall remain in force and be implemented through the laws of Hong Kong." (Yeung Chung Ming v Commissioner of Police FACV 22/2007 paras. 33, 37, 39, 44, 45, 63)
- "This Court is here to do justice." (Tang Siu Man v HKSAR FACV 1/1997 para 129)