Hong Kong's Chief Justice Addresses Exodus of Foreign Judges Amid Political Pressure

Hong Kong's Chief Justice Andrew Cheung has attributed the recent departure of foreign judges from the judiciary to increasing geopolitical tensions and "orchestrated harassment." Speaking at the ceremonial opening of the legal year, Cheung acknowledged the changing political landscape but defended the city’s legal processes as “transparent, fair and independent.”

The exodus has followed the implementation of a sweeping National Security Law (NSL) by Beijing in 2020, which was enacted after pro-democracy protests. Critics argue that the NSL is overly broad and begins to compromise procedural fairness. Since the law's introduction, eight of the fifteen overseas judges from Hong Kong’s court of final appeal have either resigned or chosen not to renew their appointments, including notable figures like British judge Lord Jonathan Sumption.

Cheung stated that while he respects the judges' choices to leave early “on account of political or other considerations,” he emphasized that the integrity of Hong Kong’s judiciary remains intact, asserting that the court is still equipped with experienced personnel. The Chief Justice highlighted the significance of political pressure affecting the judiciary, drawing attention to what he called a trend of politicizing the role of foreign judges in the court.

The remarks come at a time when pro-democracy groups in Hong Kong are calling for the departure of foreign judges, citing concerns about legitimacy within a system reportedly being used to target political opposition. The political climate has resulted in thousands of arrests, with many facing charges under the NSL, including prominent figures such as media tycoon Jimmy Lai.