The judicial clerk – wisdom in the courtroom | Behind the Wig

Norman Hui

Barrister

Principal Lecturer HKU

Whenever the parties go to court, particularly where the hearing is contested and even more so when some or all of the parties are acting in person and without legal representation, the judicial clerk plays a critical role.

In Hong Kong, there are an estimated 180 judicial clerks who provide important direct court support to judicial officers and court users by ensuring smooth operational assistance through maintaining proper court practice and procedures. Judicial clerks provide support service to judicial officers by attending court proceedings, taking minutes of proceedings, swearing in of witnesses, arranging interpretation services where needed, overseeing the proper drafting of court orders, and ensuring the orderly filing of court documents and hearing bundles.

The judicial clerks may also be involved in matters relating to time-sensitive applications that require their direct assistance on urgent matters that precede formal proceedings, such as with ex parte injunctive relief. The judicial clerks will also be involved in matters after a hearing or trial is finished, such as organising all relevant documentary evidence, ensuring that the judicial officers have all relevant written submissions from lawyers, and reminding the judicial officers of when a decision or judgment needs to be handed down to the parties (and thus the public) with sufficient time for preparing the same.

Aside from the official duties that judicial clerks provide, they are also an extension of the judicial officers in charge and perform the role of being their “unofficial” representatives to the public in court hearings and court related procedural matters.

Many practising members of both the Law Society of Hong Kong and particularly the Hong Kong Bar Association, may during the course of their professional careers have an opportunity to sit as a deputy judicial officer and then possibly move on to having a full time role. Many such persons moving to the role of a judicial officer on their first opportunity usually rely to some lesser or greater extent on their judicial clerks as an initial “guide” on things both great and small. Very fortunately for Hong Kong, whether from the experience of a practising advocate appearing before the court or sitting as a deputy judge, I can personally attest without reservation that our Judiciary is staffed with knowledgeable, conscientious, considerate and efficient judicial clerks at all levels of courts and tribunals.

From the perspective of how a typical case is conducted and the different stages it undergoes, many important lessons from judicial clerks can be learned.

Picture generated by AI

A judicial clerk may notice however frantic the parties might be acting in court, it is important to know that ultimately the court itself should always maintain a fair and calm composure since a properly balanced resolution of a dispute between the parties is the ultimate goal despite the sometimes chaotic nature of the proceedings themselves.

A judicial clerk may also notice that when proceedings are at their early stages, especially where parties are acting in person, it might require the court to act with more patience than with legally represented parties since the parties acting in person might not appreciate the need for procedural propriety.

A judicial clerk will usually be aware that in disputed interlocutory applications, lawyers at times need to be reminded that as officers of the court they must act conscientiously and diligently, particularly when court documents need to be filed on time and in compliance with the necessary procedural requirements otherwise court hearings may be derailed.

A judicial clerk may assist on maintaining discipline required by judicial officers themselves since there is a need for the timely handing down of decisions or judgments after a hearing or trial has taken place. Deadlines must be met by judicial officers and then a draft decision or judgment given back to the judicial clerks to properly oversee the processing of such a decision or judgment before it is released to the parties and the public.

So the next time you are in court, whether as a party or as a lawyer, please remember the critical importance of judicial clerks who are more than just someone assisting in court proceedings but also as a wise and knowledgeable friend to all involved.

Mr. Norman Hui is Chairman of the Artificial Intelligence and Ethics Committee, Co-Chairman of the Pro Bono Affairs Committee, Member of the Intellectual Property Committee, Personal Injuries Committee and Continuing Education Committee of the Hong Kong Bar Association. His private practice and teaching at the University of Hong Kong are in the same or similar areas of litigation.

Norman Hui
Barrister
Principal Lecturer HKU

Photo: Hong Kong Bar Association

Behind the Wig is a weekly legal column written by practicing barristers specialising in criminal, civil, and commercial law.  Drawing on their legal expertise and practical experience, or sharing their observations and insights as barristers, they analyse social issues, encourage readers to interpret everyday matters through a legal mindset, and promote the spirit of the rule of law.　

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