A new book on the history of the Hong Kong judiciary has been in cold storage apparently because Chief Justice Geoffrey Ma Tao-li is worried that tales of the scandalous behaviour of some colonial-era judges may reflect badly on the institution, the Post has learned.

Historian Christopher Munn was commissioned by the judiciary in 2013 to write its history from 1841, when the first magistracy was set up, to the period after Hong Kong’s return to China in 1997.

He finished work in late 2016 and submitted his manuscript, which was also translated into Chinese. Sources said Munn was paid in full for his work.

Then, nothing happened.

A spokesman for the judiciary said: “The project on the history book of the Hong Kong judiciary is ongoing and any details concerned are still under consideration.”

A note on the Court of Final Appeal website says “a history of the judiciary is currently being written and will be published in due course”.

However, a senior legal source said Ma stalled publication of the book, which was originally scheduled to have been released by last year.

“Ma is worried that the behaviour of some judges in colonial times was not so good, and will reflect badly on the judiciary,” the source said.

The Post understands that Ma, who will retire in January 2021, is concerned about scandals surrounding a number of judges in the 1980s.

Two High Court judges who resigned were the late Miles Jackson-Lipkin and Patrick O’ Dea.

Jackson-Lipkin, a High Court judge from 1981 to 1987, lied about his age and military record, and was seen in public wearing medals he was not entitled to use, an offence under the Army Act.

He was also convicted and jailed, together with his wife, for social welfare fraud.

In 1988, High Court judge Patrick O’ Dea was caught reading British author D.H Lawrence’s classic novel, Lady Chatterley’s Lover, while hearing arguments in court. The book first appeared in 1928, but was banned for decades for obscenity in countries including the United States, Canada and Australia. Its uncensored version was published in Britain only in 1960.

The source said: “Like any institution, there may be some episodes in the past which may not be satisfactory, but that won’t affect the standing of the present-day judiciary.

“It’s part of history. In fact, it reflects well on the present-day judiciary.”

The source said some senior judges were shocked by Ma’s decision not to publish the book.

“They think Ma’s decision is not justified. Besides, public money is being spent on the book project,” the source said.
The Post was told the project cost at least HK$1 million.

So far, Hong Kong-based writer Munn, 60, has not been asked to make any revisions to his manuscript.

His research included interviewing Ma, former chief justices Yang Ti-liang and Andrew Li Kwok-nang and a number of judges.
The book covers the institutional history of the judiciary as well as the relationship between the courts and society.

“To look at the history of Hong Kong through the courts is a very fascinating way of looking at history because the courts cover all aspects of life, everything from minor offences and street obstructions, all the way up to murder and treason,” he said.

“In between, you have all kinds of personal disputes, corporate disputes, judicial reviews of government activities and, from time to time, the conflicts between the courts and the government. It’s a very colourful history.”

Munn said he is not worried that the book has not been published yet, and thought it understandable that the judiciary needed time to review the manuscript.

“Clearly these things take time, and it’s a very large manuscript with 20 chapters,” Munn said. “I’m looking forward to its publication before too long.”