In the wake of recent resignations of foreign judges from Hong Kong’s Court of Final Appeal, it is imperative to reaffirm faith in the city’s rule of law and the unique framework of “one country, two systems.” Since the handover to China in 1997, these judges have played a crucial role in upholding the integrity of Hong Kong’s legal system, making their departures a cause for concern.
Lawrence Collins and Jonathan Sumption, both British judges, cited concerns over the city’s political environment and the perceived compromise of the rule of law following the enactment of the national security law in 2020. Sumption’s remarks, particularly, drew attention to what he termed a “growing malaise” within the judiciary.
In response to these allegations, Hong Kong’s government vehemently defended the city’s rule of law, with Chief Executive John Lee Ka-chiu asserting the government’s commitment to ensuring the independence of the judiciary. Chief Justice Andrew Cheung Kui-nung and former top judge Andrew Li Kwok-nang also expressed confidence in the courts’ ability to maintain professionalism and integrity.
The presence of foreign judges on the Court of Final Appeal has long been regarded as a cornerstone of Hong Kong’s legal framework, serving as a testament to the city’s commitment to an independent judiciary. However, with geopolitical tensions threatening this arrangement, it becomes crucial to emphasize its significance to overseas judges.
The impending retirement of Canadian judge Beverley McLachlin further underscores the challenges facing the judiciary, leaving the court with half the number of foreign judges it had four years ago. Despite these departures, remaining judges have reiterated their commitment to upholding the rule of law in Hong Kong.
While the departure of judges is a personal choice, efforts must be redoubled to attract top-quality replacements and strengthen the pool of foreign judges. Debates surrounding Hong Kong’s political system and the rule of law will persist, but it is imperative to maintain faith in an independent judiciary that dispenses justice impartially under the principles of “one country, two systems.” Though the loss of esteemed judges is regrettable, it is essential to uphold confidence in the judicial system.