Opinion | Will the national security law provoke an exodus of foreign judges from Hong Kong?
- The resignation of an Australian non-permanent judge of the Court of Final Appeal has sparked fears that other senior judges from overseas could follow suit. Were this to happen, the court could draw on a list of retired Hong Kong judges
The Hong Kong Court of Final Appeal came into existence on July 1, 1997 and, under the Basic Law, is vested with the “power of final adjudication”. It comprises the chief justice, the three permanent judges and the non-permanent judges. A quorum of the court comprises five judges, including the chief justice, the three permanent judges and one non-permanent judge.
The total number of non-permanent judges permitted by law is 30, although there are currently only 17, drawn from two lists. The first comprises former Hong Kong judges, and there are currently four of these. The second list consists of judges from other common law jurisdictions, of whom there are now 13. Of the overseas non-permanent judges, nine come from the UK, three from Australia and one from Canada, and they include the president of the UK Supreme Court, and his three predecessors, as well as several former chief justices.
The Court of Final Appeal, like the lower courts, enjoys the protections provided by the Basic Law, which stipulates that it “shall exercise judicial power independently, free from any interference”. The involvement in its work of eminent common law judges from overseas has enriched the judgments of the court, and enhanced its stature. It is well regarded throughout the common law world, in which its judgments are sometimes cited.
