Hong Kong Chief Justice Andrew Cheung Kui-nung on Monday emphasized that the integrity of the city’s legal system will not be affected by individual judges’ presence or absence.
Although the role of the city’s overseas judges has been increasingly politicized amid a changed geopolitical landscape, Hong Kong’s judicial system is still built on legal principles and will keep functioning well under “one country, two systems”, Cheung said.
Monday marked the opening of Legal Year 2025 in Hong Kong. Addressing the opening ceremony, Cheung said judges serve the principles of law, not political agendas, and recent pressures on overseas judges serving in the city reflect a troubling politicization of their roles amid broader geopolitical challenges facing Hong Kong.
READ MORE: HK extends term of Court of Final Appeal's foreign judge
Cheung acknowledged the significant contributions by overseas judges to Hong Kong’s Judiciary over the past years, adding that decisions by some of them to retire or quit from the position — whether for personal, age-related or political considerations —ought to be respected.
“However, their premature departures do not mean a weakening of the quality or independence of the Judiciary,” Cheung said.
Hong Kong’s legal system is built on legal principles, judicial precedents and a robust structure, and the presence or absence of individual judges will not undermine the integrity of the system, he said.
“Our judges are well-trained, experienced, and capable of upholding the law, as they consistently demonstrate,” Cheung said.
Admitting the current geopolitical climate poses challenges in recruiting distinguished overseas judges, Cheung reaffirmed that the Court of Final Appeal is still comprised of highly esteemed overseas and local nonpermanent judges.
“Their continued participation, alongside their full-time colleagues, speaks to the enduring strength and resilience of the Court,” Cheung said.
Cheung said that the introduction of the National Security Law (NSL) for Hong Kong and the Safeguarding National Security Ordinance have brought the city high-profile national security cases, and courts in Hong Kong apply the same principles of law in them as in other cases.
“The role of our courts is to address any difficulties with fidelity to the law and Hong Kong's common law tradition,” Cheung said.
Also speaking at the ceremony was Secretary for Justice Paul Lam Ting-kwok, who said that improper pressure that foreign judges faced include attempts to dissociate judges from the city’s courts not only threaten the rule of law in Hong Kong but also affect the development of common law in general.
Lam also cited a few eminent overseas judges who was appointed as CFA non-permanent judges or extended their terms in CFA recently, saying the SAR government is committed to supporting the continued appointment and retention of overseas non-permanent judges.
The official also emphasized that the Safeguarding National Security Ordinance enacted in March 2024 ensure that the hard-won peace and stability that the city enjoy today, allowing the city to focus on social and economic development.
READ MORE: Central govt to 'protect rights, interests of HK judges'
“Anyone who intimidates judges handling national security cases or interferes with the relevant judicial proceedings in whatsoever manner cannot be genuinely concerned about the rule of law in Hong Kong,” said Lam.
Lam also emphasized the importance of leveraging Hong Kong’s common law system to promote values of peace, inclusivity, openness, and shared prosperity at home and abroad.
Victor Dawes, chairman of the Hong Kong Bar Association, and Roden Tong Man-lung, president of the Law Society of Hong Kong, also spoke at the event. Both of them expressed confidence in the enduring strength of Hong Kong’s rule of law and judicial independence, underscoring the enduring commitment to upholding these core values locally and internationally.
Contact the writer at stephyzhang@chinadailyhk.com