Since the establishment of the Court of Final Appeal in Hong Kong in 1997, there has been a unique arrangement where both local and foreign judges serve on the bench. This arrangement was put in place as part of the handover of Hong Kong from Britain to China. The foreign judges, who hold non-permanent seats, typically come from common-law jurisdictions such as Britain, Australia, and Canada, and have impressive legal backgrounds.
These foreign judges are used to exercising judicial power independently and free from interference, as outlined in Hong Kong’s mini-constitution, the Basic Law. However, in recent times, foreign judges have been facing challenges in Hong Kong’s political climate. Three foreign judges have left the city’s highest court just this month, raising concerns about the impact of the political environment on the judiciary.
The political environment in Hong Kong has been increasingly tense, with growing concerns about interference in the judiciary and erosion of the rule of law. Foreign judges, who are accustomed to upholding the principles of independence and impartiality, have found it difficult to navigate these challenges.
Despite their impressive legal backgrounds, foreign judges in Hong Kong have been expressing frustration with the political climate and the limitations it places on their ability to uphold the rule of law. The departure of three foreign judges from the Court of Final Appeal highlights the growing tensions between the judiciary and the political establishment in Hong Kong.
As China seeks to assert its authority over Hong Kong, foreign judges are finding it increasingly difficult to maintain their independence and exercise judicial power without interference. The unique arrangement of having foreign judges on the bench was meant to ensure the continuity of the common law tradition in Hong Kong, but recent events have cast doubt on the sustainability of this arrangement.
The departure of foreign judges from the Court of Final Appeal raises questions about the future of the judiciary in Hong Kong and the ability of foreign judges to continue serving in a politically charged environment. The challenges faced by foreign judges in Hong Kong’s political climate underscore the broader concerns about the erosion of judicial independence and the rule of law in the territory.