Wednesday, April 9, 2025

Anfield Tam on Judicial Copying in Hong Kong (HKLJ)

"Judicial Copying in Hong Kong"
Anfield Tam (PCLL student)
Hong Kong Law Journal, Vol. 54, Part 3 of 2024, pp.637 - 654

Abstract: Judicial copying is the practice where a judge directly imports text from counsel’s submissions or other sources as part of his judgment. It is said to have a detrimental impact on the administration of justice as it creates an impression of bias, especially when the judge incorporates extensive excerpts from one party’s submissions without original, independent analysis. This piece critically reviews the recent Court of Appeal (CA) decision in Wong To Yick Wood Lock Ointment Ltd v Singapore Medicine Co [2023] 3 HKLRD 311 to analyse its contributions with reference to comparative experiences, as well as raising a couple of problems that were left unanswered.

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