The recent retirement of nonpermanent judges does not signify a decline in the quality or independence of the Judiciary, Chief Justice Andrew Cheung Kui-nung has emphasized.
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Speaking at the ceremonial opening of the legal year, Cheung addressed concerns following the retirement of five overseas judges last year due to age and personal reasons, alongside growing geopolitical tensions.
"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 nonpermanent judge on the court has now become," Cheung said.
He reassured the public that the ongoing involvement of both local and overseas judges reflects the Judiciary's enduring strength and resilience. Cheung added the Judiciary has adequate manpower to manage cases at the Court of Final Appeal and maintain the established composition of judges for case hearings.
"But it is not necessary to find a foreign nonpermanent judge in handling the cases local or overseas, [the Judiciary] has sufficient judges in handling CFA cases."
Secretary for Justice Paul Lam Ting-kwok, who also spoke at the ceremony, condemned any intimidation of judges involved in national security cases.
"Anyone who intimidates judges or interferes with judicial proceedings cannot be genuinely concerned about the rule of law in Hong Kong," Lam said.
He said foreign judges have positively contributed to the city and the common law system, despite facing improper pressures to distance themselves from the city's Judiciary.
The outgoing chairman of the Bar Association, Victor Dawes, urged for a measured application of powers under the national security law that is reflected on a "considered and proportionate manner."
He noted that 2024 was a pivotal year for the legal community, following significant CFA judgments related to same-sex couples' rights, while acknowledging the criticisms from foreign observers regarding the justice system.
Law Society president Roden Tong Man-lung called for the legal profession to play an educational role in addressing misconceptions about Hong Kong's governance.
He expressed regret that many criticisms stem from oversimplified views shaped by biased media coverage. Tong stressed that legal avenues are available for aggrieved parties to seek remedies if executive authorities are alleged to have overstepped their legal powers.eunice.lam@singtaonewscorp.com
