於2011年9月27日，我參加了一個午餐討論會，講者包括三位來港訪問的大法官，Lord Philips， Lord Clark及Lord Hope。他們都是英國最高法院的法官。

首先發言的Lord Philips介紹了英國的最高法院的歷史和發展。最高法院是於二零零九年十月一日根據《2005年憲制改革法案》的第三節成立的。他解釋此轉變是為了司法獨立，使其跟行政和立法機構分開。因為獨立的司法制度能令執行更具透明度。

Lord Philips亦提及到他們剛剛從中國回來，並參觀了當地的最高人民法院。他們認為中國的司法界除了十分重視
人權，還積極求變和進步。

Lord Philips於1968年第一次來到香港的時候，香港仍是一個相當貧乏的地方，但現在它的成就有目共睹。他們被前律政司司長李國能(Andrew Li) 邀請在終審法院擔任非常任法官，他們欣然接受邀請，因為香港的司法制度首屈一指。

曾經從事商業法庭的Lord Clark評論「後雷曼」的世界，並指出當美國法院太過自我中心，毫不尊重其他司法體系的裁決。Lord Clark提醒我們要憑常理審視現實，嘗試不要過於墨守法律的繁文縟節。他建議我們可以做些「挑選法院」(forum shopping)，而英國在這方面是各方認同的最佳選擇。

最後由Lord Hope評論人權和狗仔隊問題。他是一個守舊的人，但他亦能接受世界的變化，例如2009年最高法院廢除上議院。他現在對改變較能接受，笑說例如律師穿著像保鑣等等。他亦指出歐洲法院的裁決催生了許多有趣的發展，當法律漏洞出現，填補漏洞和平衡各方利益便是法官的責任。

The Justices luncheon talk

On 27th September 2011, I attended a lunch and panel discussion where the speakers were visiting Justices, Lord Phillips, Lord Clarke and Lord Hope from the Supreme Court of the United Kingdom.

Lord Philips began the discussion with some background history as to the development of the Supreme Court for the United Kingdom which was established by part 3 of the Constitutional Reform Act 2005 and started work on 1st October 2009. He explained that a change was introduced for an independent judiciary which was to be separate from the executive and the legislature. The aim was to introduce a more transparent administration of justice.

He explained that they had just returned from a trip to the Peoples’ Republic of China as they were invited by the Peoples’ Supreme Court for a visit, at which they recognised that the judiciary in the Peoples’ Republic of China did recognise the importance of human rights and that radical changes were taking place in Chinese judiciary and not just confined to England.

Lord Philips had first visited Hong Kong in 1968 and back then it was a pretty quiet place, but evidently Hong Kong was now doing very well and its development has been exponential. They were invited by the then Chief Justice Mr. Andrew Li to serve in the Court of Final Appeal as Non-Permanent Judges in which they responded positively since they viewed the legal system in Hong Kong as of first class.

Lord Clarke who sat in the Commercial Court commented on the post-Lehman world, and the United States Courts were rather self-centered and proud of their own jurisdiction and do not pay too much respect towards decisions of other jurisdictions. He also said that we must always look at the reality with common sense and try to be less legalistic. In terms of forum shopping he believed that England was the best place for forum shopping by the trade and profession alike.

Lord Hope commented on human rights and the paparazzi. He said that he preferred the good old days and when the changes came about he was rather skeptical and in particularly towards the abolition of the Appellate Committee of the House of Lords being replaced by The Supreme Court in 2009. He even joked about the many changes and how the appearance of solicitors in black suits would often confuse people who thought they were bodyguards etc.

He further stated that the decisions of the European Court of Justice has stimulated many interesting developments and if a legal gap existed, a jurisprudential guide should be used where judges should make the law to balance existing competing interests.