Chief Justice says CFA non-permanent judges leaving won't undermine system

Premature departures of non-permanent judges do not mean a weakening of the quality or independence of the Judiciary, says Chief Justice Andrew Cheung Kui-nung at the Ceremonial Opening of Legal Year 2025 Monday.

His remarks came after the Court of Final Appeal saw five overseas non-permanent judges retire last year due to advanced age or other personal reasons, as well as the escalating geopolitical tensions in recent years.

“Indeed, the orchestrated harassment and pressures to which some of our overseas judges have recently been subjected are as deplorable as they are indicative of how politicized the office of an overseas non-permanent judge on the court has now become,” Cheung said.

He said overseas judges were appointed to the city's highest court on account of their acknowledged eminence and legal expertise, not merely to sustain the system for its own sake.

The continued participation of both local and overseas non-permanent judges “speaks to the enduring strength and resilience of the court,” Cheung insisted.

“The presence or absence of individual judges, whilst important in its own right, will not undermine the integrity of the system. Our judges are well-trained, experienced and capable of upholding the law, as they consistently demonstrate."

Meanwhile, Secretary for Justice Paul Lam Ting-kwok said at the ceremony that anyone who intimidates judges handling national security cases or interferes with the judicial proceedings “cannot be genuinely concerned about the rule of law” in Hong Kong.

He also said that the participation of foreign judges at CFA had benefited both the city and common law.

“It is most regrettable that there were attempts mainly from overseas to exert improper pressure on foreign judges to dissociate themselves from the Hong Kong court.

These attempts pose a threat to not only the rule of law in Hong Kong but also to the development of common law in general,” said Lam.

“The government is in full support of the Judiciary in its continuous efforts to appoint and retain foreign NPJs [non-permanent judges] in the future.”

Lam also said the Department of Justice established the Hong Kong International Legal Talents Training Academy in November, to reinforce Hong Kong as an international hub for “capacity building and experience sharing” among legal professionals.

In March, his department and the United Nations Commission on International Trade Law will co-organize a conference on international trade law and climate change.

(Eunice Lam)