High Court Judge Wilson Chan to retire early over judicial copying

Chief Justice of the Court of Final Appeal Andrew Cheung has asked Court of First Instance Judge Wilson Chan to take early retirement following multiple instances of judicial plagiarism in his written judgments.

Chan has submitted his retirement application following the request, which has been approved.

His retirement will take effect Friday, six years earlier than judges' usual retirement age.

In light of High Court Judge Wilson Chan’s judicial plagiarism, Chief Justice Andrew Cheung issues a statement underscoring a judge’s primary duty to “hear and determine” cases fairly, based on “applicable laws and evidence presented” before the court.

Cheung stresses judges must exercise an “independent judicial mind,” carefully consider the issues in dispute, and provide their own reasoning before reaching a decision. Cheung says judicial copying strikes at the very core of this fundamental requirement, raising serious concerns.

He describes such conduct as “wholly unacceptable.”

The Judiciary says Chan had previously received severe reprimand and pledged to improve, but he continued to engage in further instances of judicial copying.

The cases triggered multiple appeals, with some resulting in orders for retrials. The Judiciary says the incidents not only affected the interests of parties involved and placed an unnecessary burden on appellate court resources, but also weakened public confidence.

After “the most serious and careful consideration,” Cheung says further action was necessary to safeguard public confidence.

He therefore formally requested Chan to retire early from judicial office.

The Chief Justice also reminds judges and judicial officers at all levels to avoid any form of judicial copying, adding that training on judgment writing would be strengthened where necessary.

He remains confident judges and judicial officers would continue to perform their duties diligently, independently and professionally, in accordance with the Judicial Oath.

Executive Council member and Senior Counsel Ronny Tong says after Chan retires, it’s likely there won’t be any other punishments, noting the current early retirement request was appropriate.

Senior Counsel Ronny Tong says, “I don’t regard it as a punishment because it is something that the judge decided to resign on his own. The community has very high expectation of a judge. And it is important that the judge should demonstrate to the community that he is a role model.”