Chief Justice Andrew Cheung has described Li Yi as one of the principal architects of Hong Kong’s modern common-law jurisprudence at a seminar held at the University of Hong Kong’s Faculty of Law on Li’s judgments, legal philosophy and wider influence.
Cheung said Li had served at the Court of Final Appeal for more than a quarter of a century and made wide-ranging and profound contributions to Hong Kong’s judicial system and the development of legal principles.
Andrew Li, the Court of Final Appeal’s first chief justice, considered Li Yi the best judge in Hong Kong of his generation. He also recalled that former Australian judge Anthony Mason had regarded Li Yi as among the best lawyers he had encountered across several jurisdictions, and relayed Mason’s assessment at the seminar.
Andrew Li said he began actively seeking to recruit Li Yi after becoming chief justice on July 1, 1997. Li Yi initially said he was not ready, but reconsidered the move about two years later. He became a Court of First Instance judge in July 1999, joined the Court of Appeal in January 2000 and was appointed a permanent judge of the Court of Final Appeal in September 2000.
Andrew Li said Li Yi used comparative legal reasoning where appropriate in his judgments. This reflected, he said, Li Yi’s understanding that the Court of Final Appeal, as Hong Kong’s highest court, had to make appropriate decisions within the context of Hong Kong’s status as part of China and the “one country, two systems” framework.
Cheung said Li Yi’s judgments had attracted attention beyond Hong Kong, where they were cited and discussed in Britain, Australia, Canada and other common-law jurisdictions. He specifically noted that principles from Li Yi’s tax cases had been repeatedly cited overseas.
Patrick Keane, a current non-permanent judge of the Court of Final Appeal, said Li Yi’s questions from the bench were both creative and calm. Keane said Li approached legal issues in a way resembling a university seminar, encouraging counsel to give their best performance.
Ming Pao reported that Li Yi was reappointed as a permanent judge of the Court of Final Appeal this year. The report did not specify the appointment date or the length of the term.