Archives May 2013

New Contracts for Civil Servants to go National

This is an extended abstract of an article that appeared in this week’s edition of The Economic Observer, for more highlights from the EO print edition, click here.

By the end of 2013, numerous provinces and cities across China will have launched pilot programs implementing fixed-term contracts in the hiring of civil servants. By the end of 2014, the contract system may be implemented nationwide.

Shenzhen was the first city to launch the contract system, doing so in 2007. Shenzhen was followed by Shanghai in 2008, and Jiangxi, Henan, Fujian, Liaoning, and Guangxi provinces in 2012. Jiangsu, Sichuan, Shanxi and Shandong provinces are expected to launch contract systems by the end of 2013.

When Shenzhen initially implemented the contract system it hired 41 civil servants. Now, Shenzhen hires all new civil servants through the contract system. Currently there are 3,000 civil servants under the contract system in Shenzhen, with another 500 to be added later this year.

The new contract system allows for more flexibility in the process of hiring officials. Applicants can be recruited directly and might be able to avoid the extended series of exams and interviews that others hoping to land a public service job are forced to go through.

The new system also differs from existing hiring practices in relation to how the salary package for such civil servants are determined. Traditionally, renumeration for most civil service positions are centrally determined according to their level. Under these new fixed-term contracts, employees enter into a wage agreement with the department hiring them and thus have more room to negotiate. The final salary of public servants that have been recruited according to the new contract system are determined by the contract they sign with the department.

Zhu Lijia (???), a professor at the Public Management Teaching and Research Department and director of the Public Administration Department at the China National School of Administration, says that the lack of regulations covering the direct recruitment of civil servants and the process of negotiating a salary package means that the system is open to abuse.

The new contract system is mainly used for recruiting highly-skilled professionals.

Liang Yuping (???), director of the Civil Servant Management Department at the Chinese Academy of Personnel Science, and Peng Jianfeng (???), a professor at the School of Labor and Personnel at Renmin University of China, believe that the contract system helps to both motivate and supervise civil servants.

However, Li Jianzhong (???), a researcher at the Chinese Academy of Personnel Science, told the EO that preventing people becoming civil servants through direct recruitment and preventing local governments from providing unreasonably high wages to civil servants, is the best way to guard against corruption.

Last year over 1.5 million people registered to take the national civil service exam. They were competing for approximately 20,800 positions.

Liu Xin, a professor at the Institute of Organization and Human Resources at Renmin University, recently explained to Time Magazine why so many Chinese graduates are attracted to a career in the country’s civil service. “As a civil servant in China, unless you quit or make a big mistake, you have a job for life,” he said. “It’s the iron rice bowl. That’s especially important during an economic downturn.”

The roll out of these new fixed-term contracts along with mounting job pressures, may begin to alter this perception.

Large tungsten mine discovered in E China

Geologists have discovered a large tungsten mine in east China’s Jiangxi Province, officials said Thursday.

More than 1 million tonnes of tungsten and associated copper have been found at the mine in the Zhuxi mineral area of Fuliang County in the northeast part of the province, said Peng Zezhou, chief of the provincial geology and mineral resources exploration bureau.

The Ministry of Land and Resources confirmed the discovery on Wednesday on its website.

A maximum depth of 449 meters of tungsten and 30 meters of associated copper in the mine has been penetrated, said Peng.
The reserve explored is in the same province as the world’s largest tungsten mine, which was found in Wuning County, Jiujiang City, Jiangxi. It holds tungsten reserves totalling 1.06 million tonnes.

Geologists said they expect to find more tungsten at the newly-discovered mine, which could oust the mine in Wuning County as the world’s largest.

Why Chinese College Graduates Aren’t Getting Jobs

The term “hardest job-hunting season in history” has become a buzzword in China recently. According to China’s Ministry of Human Resources and Social Security, 6.99 million students will be graduating institutions of higher education this year, a record high since the establishment of the People’s Republic of China in 1949.

This intimidating number is inextricably tied with discussion of another pressing issue: the employment rate of college graduates. The latest statistics released by Beijing Municipal Commission of Education show that only 33.6 percent of college graduates in Beijing have signed employment contracts, up 5 percent from April. Meanwhile, a recent report by Tecent-Mycos reveals that college graduates face gloomy employment prospects.

“I just can’t figure out why it’s so hard to get a job this year,” said Miranda Zhang, who is graduating from a university in Beijing. “I feel desperate –campus recruitment is competitive, with dozens of people competing for one position, while HR offices out in the real world usually disregard graduating students because we do not have any prior work experience.”

This has not always been the case. Before the financial crisis in 2008, economic prospects for China and Chinese students were a lot better. Businesses were expanding, new companies were emerging, and thus hordes of new employees were needed. However, as China’s growth has slowed to 7.5 percent this year, businesses, especially small- and medium-sized enterprises, are showing signs of shrinking. The numbers show that Miranda is not alone in her worries — the total number of job openings is down 15 percent from 2012.

As Chinese college students come face to face with these gloomy prospects, complaints or expressions of disappointment have grown in online communities such as Sina Weibo (a Twitter-like service), Renren (a Facebook-like service) and Douban (an IMDB-like website for users with shared interests in movies, books, and music).

One of the most common complaints is the unfairness recent graduates have experienced in the job interview process. In fact, a lack of transparency or the use of guanxi (connections) is particularly evident in competition for jobs at state-owned enterprises or in civil service — these positions are considered much more stable and better-paying than other jobs in China.

Sara Wang, a journalism student at Wuhan University, described what she thought to be unfair competition for a job at Chinese National Radio. She stated that she made it all the way through the resume selection process and written exams to the last round of interviews, but was eliminated during the physical examination. She speculated that someone else used guanxi to get the job, but was unable to prove that this had been the case. Perhaps that is why Weibo user @????? proposed that to solve the problem of unemployment, “the essential thing to do is to ensure the transparency and fairness of the employment process.”

Some attributed the large-scale unemployment to the college students themselves. Netizen @???? wrote:
How can you satisfy a bunch of poor college students who have grandiose aims but puny abilities? What they want is a job that does not require much labor, in which they do not need to expose themselves to the elements, one with high social status and a high salary, where they can play games while they are at work and attend social gatherings while they are off work; in other words, a “golden rice-bowl” job within the system. [College students] think that with their educational achievements, they do not belong to the working class anymore and that they deserve a white-collar job at the very least. No wonder they cannot get a job.
While this is true to some extent, a larger proportion of people held the government responsible for the unemployment problem. In fact, the public has long criticized Chinese colleges’ blind expansion.

Weibo user @M3MStudio mused:
The Ministry of Education is responsible for maintaining the employment rate — isn’t that ridiculous?” “The Ministry of Education should feel guilty because students nowadays cannot make full use of what they learn in college, and what they learn in college is useless in their careers. Colleges are like companies; teachers are like bosses; and students have become nothing but tools for colleges and teachers to compete for fame and profit. The education system in mainland China has collapsed.
Despite such gloom, Xu Mei, the spokesperson for the Ministry of Education, suggested that the employment rate and the number of graduating students signing employment contracts would increase greatly in June. At the same time, Xu also affirmed that the Ministry would act to ensure that the employment rate of college graduates would not decrease, a statement to which netizens responded with some derision.

Weibo user @??LostMyself wrote, “The Ministry of Education’s prediction will be realized with 100 percent success, because this is what they are best at. I believe every graduate knows the real deal with the so-called employment contract signing rate!”

Alarming drop in Chinese graduates landing jobs

Yang Biao has spent every weekend for the past two months at job fairs. The 25-year-old, who will finish a Chinese literature degree at Beijing University of Technology in July, has also sent out nearly 200 job applications.

“I do feel like I’m running out of time and I’m getting more anxious as each day passes,” he said. “But I can only cross my fingers and hope I will no longer need to live off my parents.”

Yang is one of a record nearly seven million students who will graduate from mainland universities this year and enter the job market during a marked economic slowdown.

By early this month, 52.4 per cent of mainland students about to graduate had signed job contracts, down seven percentage points on the same time last year. In the industrial hub of Guangdong, the rate was 46 per cent, and in Beijing, home to such top universities as Peking and Tsinghua, it was just 33.6 per cent.

Graduates majoring in English, law, computer science and technology, accounting, international trade and industrial and commercial administration are finding it harder to find jobs.

President Xi Jinping made a high-profile visit to a job fair in Tianjin on May 14 to reassure jobseekers, pledging to create more jobs by boosting economic growth. Xi told the graduates he met that having a job was the foundation of people’s livelihood and that employment struggles were becoming a global problem, Xinhua said. He was quoted as saying that only economic development could help improve the situation.

A day later, Premier Li Keqiang chaired a State Council meeting that outlined several measures designed to keep the employment rate for graduates no lower than last year.

The State Council also promised to tackle discrimination and inequality in the job market and to provide jobseekers from poor families with one-off allowances to help them find jobs.

Yang, from a rural family, said more than half his classmates were still looking for a job by the middle of this month. Because he was about to graduate from a less prestigious university, he did not expect a well-paid job, just one that could support him.

He said he had turned down a job offer from a Beijing kindergarten with a base salary of 1,700 yuan (HK$2,130) a month because it was not enough to make ends meet, given that he would have to move out of his parents’ home on Beijing’s outskirts to work in the city centre. Yang tried to get into a postgraduate school to further his studies and boost his competitive edge, but failed the entrance exam in February.

Another jobseeker, Ji Yinrui , said the cost of pre-employment accreditation courses in the computer and IT sector was a bigger problem for him than the tight job market. Ji, who will graduate from a university in Tianjin with a degree in computer science and technology, said many big-name employers in the computer and information technology sector required newly graduated jobseekers to take accreditation courses from privately run career training institutions as a condition for recruitment.

But such courses, which lasted up to six months and cost between 10,000 yuan and 20,000 yuan, were beyond the reach of jobseekers like him from poor rural families.

“I understand the employers’ concerns about a general lack of workplace skills among graduates nowadays, but isn’t that an issue about how we’ve been taught in universities?” he said. “Because what we’re required to learn at the private training schools is exactly what we should have been taught at university, especially during our last semester.”

Ji’s hunt began in November and he has given himself another two months to land a job, even a part-time one, because he says it is time to stop relying on his parents and stand on his own feet.

Citing a survey by the National University Student Information and Career Centre, China Central Television reported on May 19 that demand for recruits by employers with more than 1,000 employees was down by 3.6 per cent compared with last year.

A university degree no longer guarantees a decent job on the mainland because a reckless, government-led push for expansion since the late 1990s has seen the number graduating each year more than triple in the past decade.

The prospects of landing highly sought-after positions at government agencies and state-owned enterprises are often linked to power and money.

Some 500 college graduates in Shanxi lost tens of millions of yuan between 2008 and last year to a rogue job agency in a scam in which they were each swindled out of between 200,000 yuan and 500,000 yuan paid in return for promises of jobs in the state-owned sector.

As competition in the job market gets fiercer, those from less privileged families also face all sorts of discrimination and administrative barriers.

Zhao Lili , a postgraduate student in Beijing originally from Henan , said she faced twin difficulties in job hunting – as a woman and someone without Beijing household registration, or hukou.

“Many recruiters have shown no interest in me after learning that I’m not a local resident because they think I’m more of a liability than a local applicant,” she said.

Zhao, who is studying business management, said a far larger proportion of male students in her faculty had found jobs than had female students.

Xiong Bingqi , deputy director of the Beijing-based 21st Century Education Research Institute, said governments needed to play a bigger role in creating jobs, boosting transparency in recruitment and addressing inequality in access to sought-after positions.

Xiong also warned against a public preoccupation with statistics about the job outlook for university graduates, which could put pressure on universities to doctor their employment figures and force students to rush into jobs they disliked.

Studies by Mycos Data, a mainland consultancy specialising in higher education, show that 38 per cent of university graduates in 2009 left their jobs after six months.

“So job-creation efforts for college graduates are not a seasonal issue, but should begin shortly after students enter universities and continue all the way through the first three or five years of their career and even longer,” Xiong said.

How Much Does a Chinese Automotive CEO Earn?

It’s a well known fact that Chinese labor is somewhat cheaper than what is available in the West, however in recent years Chinese salaries have sky rocketed at a rapid pace for the average white collar worker. Entry level jobs for a recent graduate in Shanghai will net around 5000RMB (812USD) per month at the minimum, post grads can look forward to around 8000RMB per month (13,000USD), even more if they have previous work experience and international experience.

So how much does a CEO take in, specifically the CEO of major Chinese automotive companies? Those that are listed on the HK stock exchange have to reveal the director level payment packages so investors can clearly see where their money is going. Of course, some Western CEO’s take a token 1USD salary but have decent stock options instead and we’re sure the situation in China is largely the same in China as well. If they lead the company well their stock returns will be much higher than their salaries and of course have lower tax on them as well.

In 2012 BYD’s billionaire chairman netted a 2.77 million RMB salary (438,525USD), but that was down from his 4 million RMB salary in 2011, of course BYD’s total income was down by around 800 million over the same period so its nice to know that even CEO’s are taking austerity seriously. Wang Chuan Fu nets the highest salary in the Chinese auto business, but the gentlemen is also China’s richest man so his BYD salary is likely chump change to him.

Li Shu Fu, the Chairman of Geely and the brains behind the Volvo saw profit rise 32.2% at the Hangzhou based company, but his salary is just 327,000RMB per year ($53,122USD), probably on par with some of his own mid level white collar staff.

JMC’s GM Chen Yuan Qing hasn’t seen a payrise in three years on his 238,240RMB per year salary (37,500USD), his salary is reportedly paid in USD so he is losing money whilst the RMB appreciates against the USD.

Geely’s CEO Gui Xian Rui brings in just over 2 million RMB with his salary approaching 2.36 million RMB per year, a nice increase over 2011?s salary where he netted 1.96 million, a further 3.41 million RMB was given to him in stocks, bring a total of 5.77 million into Mr. Gui’s bank account. nice.

Great Wall’s Board Chairman Wei Jian Ping’s salary rocketed from 1.74 million RMB to 2.47 million RMB over the course of 2011 to 2012.

Four companies are offering salaries between one million and two million RMB per year: Foton, SAIC, Ningtong and GAC. Ningtong Coach didn’t see any major salary upgrades in 2011, with CEO salary staying at 1.2 million RMB. SAIC’s CEO Chen Hong’s salary jumped from 917,000RMB in 2011 to 1.36 million RMB in 2012.

Foton and GAC saw a salary drop in 2012, probably due to a poor financial show in 2011. Foton’s General Manager Wang Jin Yu saw a salary decrease of 3.1% with a net salary of 1.88 million, Foton’s total income dropped 20.7% in 2012 with profit increasing 17.4%.

In China, European Companies Investing More Than Americans

China may not be home to the low cost factory labor it once was, but corporations are not giving up on it despite rising costs.

As Americas, we always hear how our corporations love exploiting cheap labor. Not as much as the Europeans do, however.

More importantly, China is no longer about cheap labor. The smart money knows it. Rising prices are trumped by rising wealth every time.

Here’s some proof:

Foreign direct investment rose for the third month in a row in April with more money coming from European countries for the first time this year rather than the United States, the Ministry of Commerce said on Thursday. Foreign firms pumped $8.43 billion into China last month, up 0.4% from a year earlier, according to the ministry. While the pace slowed from the gain of 5.65% in March and 6.32% in February, it was much better than January’s fall of 7.3%.

What do investors like? They like wage growth and the rise of the Chinese middle class.

According to a report by consulting firm KPMG, China has become the top destination for sourcing among multinational companies outside their home country with these companies moving more of their research units close to production bases. This year, the U.S. China Business Council conducted a survey of multinationals who have a presence in China and each one said that China was their number one investment choice.

All told, European companies are the most enamored with China.

During the January-April period, investment from European Union companies rose 29.7% to $2.5 billion, while corporate investments from the United States rose 33.2% to $1.4 billion.

From January to March there were 4,822 foreign investment projects approved in China, down from 5,379 in the first quarter of 2012.

Tough task to get rid of job discrimination

Four years ago, emulating an Australian global competition for the “Best Job in the World,” a lavender farm in Guangdong province launched a national search for two gardeners for the “The Best Jobs in China”.

The requirements of Tourism and Events Queensland were simple: It wanted a caretaker for a local tropical island who could speak English, swim and blog. But the Guangdong advertisers required only “beautiful” women aged 18-25 and taller than 163 centimeters to apply to work on rolling lavender fields for a weekly salary of 20,000 yuan ($3,260). Candidates were also asked to specify their vital statistics and state “which part of your body you like the most” in the online applications.

The case shows how blatant and direct discrimination can be in China’s job market. To understand how prevalent it is, one just needs to take a look at a recent directive of the Ministry of Education that bans universities from hosting recruitment exercises with discriminatory terms on gender, hukou (residency permit) and academic qualifications.

This is the first time the ministry has banned job advertisements inviting applications only from graduates of elite universities on special government support programs. Such universities account for only 6 percent of the total and accommodate less than 10 percent of all college students nationwide. With a record passing out of 6.99 million graduates this summer, discrimination against those with degrees from less illustrious schools may become even worse as the number of candidates far outstrips the jobs on offer.

Despite skepticism about the effectiveness of the measure that will only be enforced on campuses, advocates of equality and justice in China hope it would be the beginning of the end of a chronic social problem that denies many people the opportunity to realize their “Chinese Dream”.

Employment discrimination has deep roots in Chinese history and culture. Often poorly educated people are not aware that their basic rights are violated when employers demand discriminatory preferences for jobs. It can be too subtle for applicants to realize that a decision has been made on the basis of personal features unrelated to work.

But on many occasions, employers explicitly discriminate against jobseekers with wide-ranging criteria on age, sex, personal appearance, disease, ethnicity, birthplace, marital status and hukou. The list has been growing, with the bias for “elite” colleges being the latest addition.

Better-informed jobseekers who stand up to the mistreatment may find the costs of lawsuits prohibitively high, and the existing laws and regulations don’t necessarily work in their favor.

A Chinese employment promotion law passed in 2007 prohibits differential treatment of jobseekers based on the grounds of ethnicity, gender, religious beliefs, age or physical disability. But the law is difficult to enforce, because it lacks clear standards and does not specify how to deal with violators of the law.

Earlier this year, a jobseeker in Guangdong province was awarded 601 yuan in the country’s first gender discrimination case to be ruled in favor of a complainant. However, her lawyer who provided pro bono legal service said the case had to be resolved through labor authorities because the court found it hard to prove discrimination on the basis of gender and to measure the victim’s loss.

Public appeal has been growing for a law that provides clear rules on violations and standards for proving job discrimination. Until that happens, the onus will largely rest on the government to promote equality and responsible employment practices. The government can work out guidelines for job ads, like the Ministry of Education’s ban on discriminatory hiring activities on campuses, to let people know that discrimination is wrong and should be stopped now.

It’s embarrassing to see employment discrimination pervade the lower strata of society six decades after the workers were declared the masters of the country.

44% of university seniors secure jobs

More than 44 percent of university seniors in the city have secured jobs after graduation as of Friday, down 2 percentage points from the same period in 2012, the Shanghai Evening Post reported Monday.

The closely watched statistic, which local universities track annually, shows the proportion of graduating seniors who have signed employment agreements so far this year. The number has received a lot of attention recently from local media outlets, many of which have proclaimed 2013 as the toughest year in recent memory for graduating seniors seeking their first job.

The Shanghai Municipal Education Commission disputes that assessment. The commission called a press conference Monday to assert that the figure is in line with past years.

The situation is no worse than it was from 2009 to 2011, said Li Ruiyang, the commission’s deputy director.

The gap between this year’s and last year’s figures gradually closed over the course of April, which is the month when many seniors begin signing employment agreements, Li said.

As of April 10, the agreement signing rate was 4.07 percentage points lower than the previous year, according to the commission. By April 25, the gap had shrunk to 3.17 percentage points.

There are 152,000 positions available for the city’s 178,000 graduating seniors this year, though the commission predicts that about 48,000 graduates will choose to continue their education rather than enter the labor market.

Although there appears to be enough open positions for the graduates, it does not mean every student will easily find a job, said Chen Dongyuan, an official from the division of employment at the Shanghai Municipal Human Resources and Social Security Bureau.

The proportion of students who sign an employment agreement ultimately hinges on whether graduating seniors can meet employer requirements, and vice versa, Chen said.

Many students have not been satisfied with the salaries they have been offered, while many companies have found the experience of many graduates lacking, a commission official said. The mutual dissatisfaction has also contributed to the lower agreement rate.

“One reason why the signing rate is still below 50 percent is because some students are holding out for better offers,” Chen told the Global Times. “The rate will probably rise over the next month.”

Chen said the slowdown in economic growth has also caused a drop in the number of open positions as many companies have no plans to recruit new employees.

By comparison, the signing rate for vocational students has exceeded last year’s by 1.2 percentage points. Some vocational school students have acquired an edge over university students because of the practical skills they have learned, the official said.

Chinese lessons for Yahoo’s boss

Marissa Mayer may want to take a leaf out of the Chinese HR manual when taking on the pyjamas-wearing home-workers as boss of Yahoo.

At many Chinese companies, even sinecures in the state sector, mid-level managers and above are required to keep their phones switched on and answer email within two hours – when they’re on holiday. That gives a new meaning to the concept of “work from home”: in China, it’s what you do when you ought to be on holiday.

Diligence like that comes with the territory, it seems: leisure has had a bad rap in China since the days of the iron rice bowl. And blurring the work-life boundary is nothing new either. Under communism, the party picked your job and your job determined almost everything else: where you ate, slept, birthed your offspring and even spent your dotage. Work and life were kept in perfect equilibrium – or else.

Even today, many Chinese workers find it hard to tell where work ends and life begins. Construction workers live on-site, in the same flimsy prefab shacks, festooned with seemingly the same pair of tattered underwear air-drying outside the window, throughout China. When the shack went up and the undies went out on the vacant lot opposite my home, I knew the cranes could not be long to follow.

And even after completion, Chinese apartment buildings are filled with live-ins – not maids but welders and plumbers and tilers and carpenters. Flats in China are sold as empty shells, and those who fill them with floors and walls and bathrooms and kitchens live there while they work (which is why the sound of drilling never takes a holiday either).

A few outliers in the business world have begun to sing the praises of something other than nonstop toil. Last week Jack Ma, founder of the e-commerce titans Alibaba and Taobao, used his swansong as CEO to announcethat “from tomorrow, my career is to enjoy life”.

Some Chinese companies have begun to offer lifestyle concessions to keep employees happy, says Jennifer Feng, chief HR expert at 51job, one of China’s leading recruitment agencies – such as allowing employees to refuse to take phone calls or answer emails for two to three days. Per week? Per month? “A year,” she says: two to three days out of 365.

And although that particular form of indolence known as “working from home” is out of fashion at Yahoo, where Ms Mayer has told staff to work from the office, it is getting its first tentative trials in China. One local government in Shanghai is trying to promote the concept by working with Ctrip, China’s largest, Nasdaq-listed travel agency.

Ctrip told local Chinese news that it had lowered its usual requirements for age and appearance, and focused more on honesty and responsibility when deciding which employees should be allowed to work without coming to the office.

The company’s CEO, James Liang, wrote up Ctrip’s nine-month experiment in home-working with Stanford University professor Nicholas Bloom, concluding that performance increased dramatically and attrition fell sharply – while the company saved about $2,000 per employee per year worked at home.

Half of the 1,000 studied employees stayed in the office as a control group, while the other half donned their telecommuting loungewear. Attrition rates among those in pyjamas were 50 per cent below the white-collar cohort. After the experiment ended, those who chose to continue telecommuting recorded performance that was 22 per cent higher than the work-at-works.
But Ms Feng of 51job says she thinks most Chinese workers and employers do not share Ctrip’s sanguine view of the supposed win-wins of telecommuting. Some Chinese IT companies banned working at home even before Ms Meyer got around to it and others that offered staff the chance to stay home one or two days a month have not found such offers to be that popular, she says.

Most telecommuters found they were working longer, not shorter, hours, says Ms Feng. “If they work at a particular place for particular hours, that gives them a reason to refuse after-work meetings, but when they work at home?.?.?.?they are required to reply to emails within half an hour, attend meetings and distance-learning courses at night,” she says.

At that rate, they might be better off on holiday: at least that way, they get a full two hours to hit the reply button.

Recruiting overseas judges the right thing to do for now

Our judiciary remains fiercely independent,” Secretary for Security Lai Tung-kwok said at a luncheon address in London last week. “We uphold the rule of law and Hong Kong people enjoy a wide range of rights and freedoms.”

An independent judiciary is one of Hong Kong’s most positive attributes, especially now that the civil service’s image is somewhat tarnished. However, while the quality of judges remains high, there is a troubling shortage of suitable candidates who can move up to the bench.

One reason is that Hong Kong did not develop legal education until very late. The Hong Kong College of Medicine for Chinese produced its first medical graduates in 1892 but the first law graduates from the University of Hong Kong did not appear until 80 years later, in 1972. Because of that, Hong Kong’s first local judges were all British-trained. Even then, there were disincentives to serve as judges under the colonial system.

Simon Li Fook-sean, who died recently, was the first Chinese person to serve as a high court judge in 1971 and retired in 1987 when he was vice-president of the Court of Appeal. Throughout this period, he complained bitterly about the discriminatory treatment accorded local judges.

In those days, however, Hong Kong could draw on other sources for legal and administrative talent – not just from Britain but from its colonies around the world. Those expatriate judges served Hong Kong well but many are now retired or close to retirement.

None of the original judges on the Court of Final Appeal in 1997 was locally trained. Currently, only one – Patrick Chan Siu-oi – graduated from the University of Hong Kong, but he is retiring in October and will be replaced by another British-trained jurist, Joseph Fok.

Fortunately, China was pragmatic when it enacted the Basic Law. That document stipulates that only the chief justice of the Court of Final Appeal and the chief judge of the High Court must be Chinese nationals. Other judges – and other legal personnel – can be recruited overseas.

Since 1997, there has been a perhaps understandable reluctance to recruit overseas judges. But Hong Kong has no choice if it is to maintain its high standards. The city itself simply does not have the depth and breadth of legal talent.

Chief Justice Geoffrey Ma Tao-li has acknowledged the problem and said: “So far as I’m concerned, it is better to leave a position vacant than to get people who are not qualified or are not the right people.” Of course, positions cannot be left open indefinitely. Already, the waiting time for both civil and criminal cases has lengthened beyond prescribed targets.

Overseas judges are at a disadvantage in not knowing the Chinese language and the local culture. But until Hong Kong can fill the void – by training top legal minds and perhaps also by widening the pool to include more solicitors and academics – there may well be a need to recruit judges from overseas.