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Hong KongLaw and Crime

Foreign judges key to success of Hong Kong’s top court, chief justice says

Geoffrey Ma Tao-li’s remarks to public law experts come amid concerns voiced by pro-Beijing lawmakers in the city about two recent appointments

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Hong Kong Chief Justice Geoffrey Ma says foreign judges are an asset to the city. Photo: Sam Tsang
Alvin Lum

The presence of eminent overseas judges at the city’s top court is a key to the body’s success, Hong Kong’s chief justice has said amid pro-Beijing lawmakers’ concerns.

Geoffrey Ma Tao-li’s remarks came on the heels of the appointment of Brenda Hale and Beverley McLachlin, two non-permanent judges, to the Court of Final Appeal (CFA). Pro-Beijing lawmakers have questioned the judges’ liberal stance on equality issues and whether they would uphold Chinese national interests. Hale is from Britain, and McLachlin from Canada.

“Non-permanent judges are not in any sense foreign judges. When they sit in Hong Kong, they are Hong Kong judges,” Ma told hundreds of public law experts during a closed-door conference at the University of Hong Kong on Monday.

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“They sit on Hong Kong’s highest court without any restrictions as to the type of cases they hear ... They have an equal say in the panel of five judges on the CFA. They take the same judicial oath as every other Hong Kong judge.”

Baroness Brenda Hale (left) and Beverley McLachlin (right) will join the Court of Final Appeal in July. Photo: Handout
Baroness Brenda Hale (left) and Beverley McLachlin (right) will join the Court of Final Appeal in July. Photo: Handout
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Ma stressed overseas judges from top courts in Australia, Britain and other common law jurisdictions are “leading jurists of the present or indeed any generation” and helped add legal expertise to the city.
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