Hong Kong, 19 June 2023: Judges in Hong Kong face a heavier workload than their overseas counterparts and need more assistance in delivering original and timely rulings, BC&C Senior Partner Colin Cohen has told radio listeners.

Colin was interviewed on RTHK Radio 3’s Backchat this morning following recent revelations that High Court Judge Wilson Chan had been reprimanded by Chief Justice Andrew Cheung for copying large parts of a plaintiff’s submission in his written judgment in a trademark dispute. It was not the first time the judge had faced accusations of copying.

“Of course, it’s not satisfactory, justice must be seen to be done and the parties in a case should be given a full and thorough explanation. If the judge just repeats submissions by counsel without giving clear and concise analysis by himself, that’s not right,” Colin told presenters Danny Gittings and Mike Rowse.

“But I’ve been told by judges and magistrates that they’re overwhelmed with work. That is why judgments can sometimes take months to be published. If you look at the list of hearings in the High Court today, some 40% of them are before a Deputy Judge because there are so many vacancies.”

Colin points to other jurisdictions where judges receive training in writing judgments and sometimes have associates to provide first drafts. “The answer to this question of copying is to recruit more judges to ease their workload and provide them with the necessary support,” he concludes.

Colin appeared on Backchat alongside Chinese University of Hong Kong Associate Professor of Law Sandra Marco Colino. The programme also discussed increased use of artificial intelligence in the legal profession and whether it could help reduce the workload on judges and lawyers.