Exclusive | Exit of 2 UK judges won’t affect top Hong Kong court’s independence, ex-justice chief says

Former justice secretary Teresa Cheng says the rule of law will continue to be upheld and judicial independence practised

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Teresa Cheng served as secretary for justice in the previous administration.
Photo: Nora Tam

Published: 10:00am, 8 Jun 2024Updated: 8:13pm, 8 Jun 2024

The resignation of two British judges from Hong Kong’s top court will not affect judicial independence, former justice minister Teresa Cheng Yeuk-wah has said, amid questions over whether the system of having foreign justices serving will remain in place over the long term.

The sudden departure of Lawrence Collins and Jonathan Sumption from the Court of Final Appeal on Thursday sent shock waves through legal circles and left only eight overseas non-permanent judges on the top bench.

Cheng, who served as secretary for justice in the previous administration and witnessed the first round of resignations by overseas judges in the wake of political changes in Hong Kong, said the latest development would not affect the judiciary.

“The quality of the appellate mechanism depends on the ability, experience and commitment to the rule of law of members of the bench, and not one’s nationality,” said Cheng, who has rarely commented publicly since leaving the government in 2022.

“We are grateful for the contributions the two [judges] have shared with Hong Kong. Yet, with nearly 27 years of having our own independent Court of Final Appeal, the rule of law will no doubt continue to be upheld and judicial independence practised in accordance with the Basic Law,” she added, referring to the city’s mini-constitution.

Cheng stressed that judicial independence was premised on the ability of judges to decide cases based only on the evidence and the law.