| The Hon Mr Justice Kemal Bokhary (包致金) |
|
| Incumbent |
Assumed office
1997 |
|
In office
1993 – 1997 |
|
In office
1989 – 1993 |
| Appointed by | Sir David Wilson |
|
In office
1984 – 1989 |
|
| Born | 1947
Hong Kong |
| Spouse(s) | Verina Bokhary (Court of First Instance judge) |
| Relations | Daoud Bokhary (father) |
| Children | Three daughters |
Syed Kemal Shah Bokhary (包致金) is a judge in Hong Kong. He is currently one of the three Permanent Judges of the Court of Final Appeal.[1]
[edit] Early life
Born into a middle class Pakistani family in Hong Kong in 1947, Bokhary received his early education in King George V School, Hong Kong and his legal education in London.[2]
[edit] Legal career
After being called to the English Bar at Middle Temple in 1970 and to the Hong Kong Bar the following year, Bokhary established a successful legal practice in Hong Kong.[citation needed] He was appointed Queen's Counsel in 1983.[2]
[edit] Judicial career
The following year, he became a Justice of the Peace. In 1989, he was appointed a Judge of the High Court by Sir David Wilson, then Governor of Hong Kong. He was promoted to the Court of Appeal in 1993. In 1997, upon the handover of Hong Kong from Britain to China, Mr. Justice Bokhary was appointed a Permanent Judge of the Court of Final Appeal of Hong Kong. He is most renowned for his advocacy for human rights and for inserting dissenting forces into the highest court of the territory.[2]
[edit] Quotes
"Humanity is the application." (Lau Kong Yung v Director of Immigration)
"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."' (Yau Yuk Lung v Secretary for Justice, citing Ethiopiav 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." (Yau Yuk Lung v Secretary for Justice)
"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)
[edit] Family
Kemal is married to High Court judge Verina Bokhary, with whom he has three daughters.[2] His father Daoud Bokhary, who also lives in the territory, came to the city with the British army after the liberation of Hong Kong from Japanese occupation and achieved success as a wharf owner and stock broker.[3]
[edit] References
