Appointment of New Foreign Judge Elevates Supreme Court, Reinforcing Judicial Strength
Filling a Void: The Return of Foreign Judges to Hong Kong's Supreme Court
The gap left by the departure of foreign judges from Hong Kong's Court of Final Appeal (CFA) has sparked murmurs of concern about the future of a system that has served the city admirably. A dozen judges donned their robes elsewhere, for reasons ranging from age to personal or political motives. By April, only five judges remained. The announcement that Sir William Young, a retired judge from New Zealand, will take his place on the CFA is, therefore, a breath of fresh air. This new addition brings a much-needed boost to the judiciary and demonstrates that despite geopolitical tensions, prominent legal figures are willing to stand by Hong Kong.
Young boasts an accomplished career. He was appointed to New Zealand's High Court in 1997, its Court of Appeal in 2004, and its Supreme Court in 2010, before retiring in 2022. The jurist is well-known for heading a royal commission of inquiry into the Christchurch terror attack of 2019. Young's reputation and experience make him an excellent fit for the requirements of part-time foreign judges. He promises to prove a valuable asset.
The appointment comes hot on the heels of the premature resignation of Australian judge Robert French. It's heartening that his position has been filled swiftly. French expressed his reverence for the integrity and independence of the CFA judges. However, he also implied that foreign judges had become "outdated and, perhaps, superfluous."
This sentiment is far from the truth. The role played by foreign judges is an integral part of the arrangements drafted for Hong Kong's return to China in 1997. It is codified in the Basic Law.
Chief Justice Andrew Cheung Kui-nung acknowledged the "immense" contribution of foreign judges in his speech at the commencement of the new legal year in January. He understood that attracting overseas judges with the right clout and expertise had become challenging amid the current "geopolitical turbulence."
The arrival of Sir William Young, pending approval by the Legislative Council, will rotate the CFA's foreign judge cohort to six, representing the UK, Australia, and New Zealand. This revival of the foreign judge roster is a welcome sign and a testament to international faith in Hong Kong's judicial system amid present geopolitical challenges.
In brief, foreign judges are essential for maintaining the judiciary's independence, boosting the CFA's expertise, and preserving Hong Kong's legal ties with other common law jurisdictions as required by the Basic Law. Their resignations earlier this year raised concerns about the sustainability of this system and Hong Kong's judicial independence. With the appointment of Sir William Young, the CFA's foreign judge numbers are restored, bolstering confidence in the judiciary's quality and independence and signaling an ongoing commitment by Hong Kong authorities to maintain the unique judicial framework established since 1997, even amid complex political and geopolitical pressures.
In the context of the revival of foreign judge roster in the Court of Final Appeal (CFA), the appointment of Sir William Young, a renowned jurist with significant experience in business and finance matters, will provide a significant boost to the judiciary and help sustain the judicial independence as required by the Basic Law. This addition serves as a testament to the international faith in Hong Kong's judicial system and its unique legal ties with other common law jurisdictions, even amidst present geopolitical challenges.
