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Hong Kong politics
Opinion
Tom Fu

Opinion | Why ‘patriots governing Hong Kong’ does not mean closing the door to foreign judges

  • A true patriot would not subvert the nation’s call for globalisation by turning away overseas judges who can contribute to the city’s judicial system
  • Under Beijing’s reasonable demand for patriotism, judges of any nationality must possess the requisite sensitivities and understanding

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Illustration: Craig Stephens
As Hong Kong enters a new political era, amid not entirely unfounded fears, patriotism will soon become a criterion for the city’s leaders at all levels. Provided patriotism is not the only benchmark, we should see this as a reasonable requirement and not a threat. It is what any country would expect of its public servants.

Indeed, this sentiment should be championed. But how? Establishing any kind of a common ground has been a challenge. Radicals on both sides of divided Hong Kong trumpet their own righteousness and demonise their opponents.

Take the issue of foreign judges in Hong Kong’s top court. On the pro-establishment side, calls for the departure of foreign judges and the wholesale revamping of our judiciary are not only an overreaction but sycophantic. Such patriotic zeal could threaten our society and international relations.
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Meanwhile, the pan-democrats, who have suffered recent setbacks, are convinced they alone stand guard against a present danger and warn of an impending end to foreign judges sitting in Hong Kong courts.

Both fringes have drawn their battle lines. This leaves no space for moderates, who are forced to choose sides.

Hong Kong new Chief Justice Andrew Cheung Kui-nung answers questions from the media on January 11, after attending the ceremonial opening of the Legal Year 2021. Photo: Felix Wong
Hong Kong new Chief Justice Andrew Cheung Kui-nung answers questions from the media on January 11, after attending the ceremonial opening of the Legal Year 2021. Photo: Felix Wong

Looking at something held too close to our eyes can have a distorting effect. Let us instead be clear-sighted: foreign judges are here to stay.

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