On 21/7, the Supreme Court announced that Justice Wilson Chan Ka-shun would receive a "severe reprimand" and be required to undergo retraining. This marks the second time he has been disciplined for plagiarizing legal arguments from lawyers.
The judiciary stated that following his first disciplinary action in 2023, Justice Chan's judicial duties were adjusted. He was assigned only to summary criminal cases, which do not require written judgments.
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Justice Wilson Chan. Photo: SCMP. |
Justice Wilson Chan. Photo: SCMP.
The Supreme Court emphasized that, based on principles of judicial independence and fairness, judges must adjudicate cases independently and professionally, demonstrating fairness and objectivity in their judgments.
While incorporating some arguments from litigating parties into judgments is acceptable "to some extent" under common law, excessive copying raises questions about a judge's independent thought in delivering a verdict, the Supreme Court's statement added.
According to the judiciary, Justice Chan plagiarized lawyers' arguments in at least 6 of his judgments, often comprising 95% to 98% of the content. These cases ranged from intellectual property disputes to real estate matters.
Due to the identified "lack of independent thought and judgment," litigants in some cases presided over by Justice Chan have filed requests for retrials. One such case has been approved and will be heard by a different judge.
Justice Chan is among the few judges in Hong Kong approved to hear national security cases.
By Hai Thu (Source: SCMP)
