Hong Kong Chief Executive John Lee Ka-Chiu confirmed on Tuesday that the system allowing overseas judges to sit on the Hong Kong Court of Final Appeal (HKCFA) will remain unchanged. The issue gained prominence following the resignation of former UK Supreme Court justice Lord Sumption, who voiced his criticisms in the Financial Times.
During a press briefing, Lee emphasized that Hong Kong’s legal framework will not be altered based on individual judges’ opinions. He reiterated that the rule of law in Hong Kong remains robust, asserting that the current eight overseas Non-Permanent Judges (NPJ) continue to have trust in the local judiciary’s independence and its capacity to function without external interference.
Secretary for Justice Paul Lam echoed these sentiments in a discussion with local media outlet RTHK, where he highlighted the benefits of internationalizing Hong Kong’s legal environment through the participation of overseas judges. However, Lam also pointed out that the absence of overseas judges would not jeopardize the rule of law in Hong Kong, as local judges predominantly handle most cases.
Lord Sumption had warned on June 11 that Hong Kong was beginning to resemble a “totalitarian state,” criticizing what he perceived as the severe curtailing of judicial freedom. He described a national security judgment related to subversion as “legally indefensible,” arguing that Hong Kong’s judiciary was being forced to operate in an “impossible political environment” shaped by China. His resignation was followed by Lord Collins, who also cited the political situation as a reason for his departure but maintained his confidence in the court’s independence.
Responding to Lord Sumption’s critical op-ed, the Liaison Office of the Central People’s Government in Hong Kong condemned his remarks as “slanderous” and accused him of collaborating with external forces to pressure judges. The Hong Kong government also issued a press release dismissing Sumption’s allegations as “utterly wrong, totally baseless, and must be righteously refuted.”
The resignations of Lords Sumption and Collins are part of a broader withdrawal of UK judges from the HKCFA. In March 2022, both Lords Reed and Hodge resigned over concerns that Hong Kong had strayed from “the values of political freedom and freedom of expression.”
An explanatory policy paper authored by HKCFA justice Joseph Fok outlined that the inclusion of overseas judges brings valuable judicial experience, varied expertise, and an international perspective to the court while demonstrating confidence in the independence of Hong Kong’s judiciary.