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SCMP Editorial

The pool of foreign judges available to sit on cases before Hong Kong’s top court is shrinking. The latest departure, by a British judge, is the fifth this year.
Only six remain. This time, there was no controversy over the judge not renewing his three-year contract.
Nicholas Phillips said his decision was “personal, not political”. He is 86 years old.
The court will miss his experience and expertise. Phillips was the first president of the UK’s newly established Supreme Court in 2009.

He has been sitting as a non-permanent judge in Hong Kong since 2012. Foreign judges must have served on a high-level court elsewhere in the common law world to be eligible.
They are usually retired, having enjoyed distinguished careers in their home countries. The idea is to attract the best and most experienced legal brains.
But that means they are likely to be advanced in age and will reach a point where they choose not to continue. Two other foreign judges who have stepped down this year cited their age.
There is a need to attract younger replacements.
Geopolitical tensions over developments in Hong Kong have accelerated the rate at which the number of foreign judges has dwindled. Two British judges departed earlier this year citing the political environment.

Two others, simultaneously serving on the UK’s Supreme Court, pulled out in 2022.
Other judges, whether departing or remaining, have expressed confidence in the independence of the court and the city’s rule of law. This should encourage potential candidates to put aside political considerations and consider Hong Kong’s legal system on its merits.
Two new judges from Australia have been appointed since last year. But other recruits are urgently needed.
The judiciary has tended to rely on judges from Britain, Australia, New Zealand and Canada. The talent pool can be expanded by looking to other common law jurisdictions, so long as the highest standards are maintained.
The city offers a good package, not just financially but also with the opportunity to experience something unique. And it comes at a time when Hong Kong is seeking to establish itself as an international legal centre within the Greater Bay Area.
It is an ideal venue for talented, committed, top quality judges.
The departures have fuelled debate about the future of foreign judges in Hong Kong. The government has rightly expressed its determination to stand by this key feature of the city’s legal framework.
Their role forms an integral part of Hong Kong’s common law system, which Beijing has stressed will remain long term, under the “one country, two systems” concept. Hong Kong treasures its foreign judges and every effort must be made to strengthen their presence.


Spare no effort in strengthening Hong Kong’s pool of foreign judges

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Hong Kong courts

Geopolitical tensions over developments in Hong Kong have accelerated the rate at which the number of foreign judges has dwindled. Photo: Roy Issa

Nicholas Phillips, a British non-permanent judge of the Hong Kong Court of Final Appeal since 2012, said his decision to step down from the city’s pool of foreign judges was “personal, not political”. He is 86 years old. Photo: Handout

Besides Britain, the Hong Kong judiciary has tended to rely on judges from Australia, New Zealand and Canada. Photo: Reuters

Another foreign judge at Hong Kong’s top court steps down citing ‘personal reasons’

Nicholas Addison Phillips, 86, a non-permanent judge of the Hong Kong Court of Final Appeal since 2012, has stepped down, citing “personal reasons”. Photo: Handout

The Court of Final Appeal in Central. Photo: Sam Tsang

Hong Kong’s rule of law remains strong despite foreign judges leaving

A pedestrian passes the Court of Final Appeal in Hong Kong in 2022. Two British judges have resigned from the city’s top court, and a Canadian judge is retiring. Photo: AP

Opinion

Despite recent departures, the city government has rightly expressed its determination to stand by a key feature of city’s common law system


Despite recent departures, the city government has rightly expressed its determination to stand by a key feature of city’s common law system.


Hong Kong

Hong Kong politics

Britain

Hong Kong Basic Law

New Zealand

Australia

Canada

Expresses the views, ideas and conclusions of the author. (Eg. Enough of Crazy Rich Asians, think of crazy poor Hongkongers.)


Column

Editorial

Editorial | Spare no effort in strengthening Hong Kong’s pool of foreign judges

Despite recent departures, the city government has rightly expressed its determination to stand by a key feature of city’s common law system