Hong Kong chief justice admits difficulty hiring overseas amid tensions
The chief justice’s rare admission of hiring difficulty came after a spate of foreign judges departed Hong Kong’s top court
HONG Kong’s top judge said geopolitical tensions are hampering the court’s ability to hire overseas judges, whose presence is a selling point for foreign companies in the Asian finance hub.
“It is true that, given the current geopolitical headwinds, recruiting overseas judges with the right stature and experience may be less straightforward than it once was,” Andrew Cheung, chief justice of the Court of Final Appeal, said Monday at the ceremonial opening of the legal year.
Cheung’s rare admission of hiring difficulty came after a spate of foreign judges departed Hong Kong’s top court, which was established in 1997 when the former British colony returned to Chinese rule, with some resigning due to political reasons.
About half of the court’s 15 overseas justices have stepped down from a 2019 peak, with eight either resigning or choosing not to renew their terms after Beijing imposed a national security law on the city in 2020. Prior to this, there had been no early resignations.
The exits add to worries among foreign companies over the future of Hong Kong’s rule of law, which is foundational to city’s status as a global financial hub. Years of strict Covid rules and a crackdown on dissent have rocked the city’s international reputation in recent years, leading to an exodus of talent.
“It is unfortunate that a few of these judges have felt unable to continue their service,” Cheung said in his speech. “However, their premature departures do not mean a weakening of the quality or independence of the judiciary.”
While Hong Kong’s ranking in the World Justice Project’s Rule of Law index slipped for three consecutive years since 2020, it remained relatively high at 23 last year – three notches above the US. Mainland China, by comparison, comes in at 95.
Six overseas judges remain on the top court, with 82-year-old William Gummow’s contract set to expire this year. His age won’t necessarily be a barrier: nonagenarian Leonard Hoffmann earlier this month signed up for another three-year term. BLOOMBERG
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