Opinion | UK judges’ exit is disappointing, but Hong Kong judicial independence will continue to be upheld
- Exit will cause short-term challenges but the Bar Association does not believe there is any justified concern about the effect of the national security legislation on the rule of law and judicial independence
Their resignations marked the end of a long-time practice. The invitation of two serving law lords (now justices of the UK Supreme Court) to sit in Hong Kong’s Court of Final Appeal as non-permanent judges was adopted after an arrangement made in 1997 between then Hong Kong chief justice Andrew Li Kwok-nang and Lord Irvine, then lord chancellor.
Since the establishment of the Hong Kong special administrative region, the convention of the Court of Final Appeal has been that in most appeals, the bench would include a visiting non-permanent judge. Apart from Britain, judges from Canada, Australia and New Zealand have also sat in Hong Kong’s Court of Final Appeal.
Overseas judges, along with permanent and non-permanent local judges, are appointed by the chief executive on the recommendation of the Judicial Officers Recommendation Commission, an independent commission chaired by the chief justice. Appointments are endorsed by Hong Kong’s Legislative Council.
The contribution of the non-permanent judges has been widely acknowledged by our senior judges and academics. Their presence has always been welcomed by both the bar and the Law Society.
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Hong Kong’s chief justice Andrew Cheung defends year-long delay of trial of 47 activists
