First women judges will be of great benefit to top Hong Kong court

Two foreign female judges are set to sit on Hong Kong’s top court following overwhelming support for their appointment in a vote by lawmakers. The vote in favour of hiring these two international stars of the legal world shows that common sense has prevailed over politics.

There is not usually any doubt about the outcome of a Legislative Council vote on new Court of Final Appeal judges. Lawmakers have a duty to consider whether the candidates, selected by an independent committee and appointed by the chief executive, are suitable.

This time, however, the appointment of the United Kingdom’s Britain’s top judge, Brenda Hale, and Canada’s former head judge, Beverley McLachlin, raised concerns among some pro-establishment lawmakers.

During the debate, it was suggested by one legislator that the two new judges, who are seen as supporters of LGBT rights, should recuse themselves from any case involving the issue of same-sex marriage. Another argued the judiciary should consider the national interest before handing certain cases to foreign judges.

Such suggestions are misconceived. The experience of these two judges in hearing discrimination cases will be valuable when they arise. Indeed, the top court has already followed Hale’s reasoning in two cases concerning same-sex rights.