Hong Kong’s chief justice has stated that the departure of foreign judges from the judiciary since the implementation of the national security law is linked to rising geopolitical tensions and “orchestrated harassment.” Andrew Cheung made these comments during the ceremonial opening of the legal year, where he acknowledged the shifting political landscape while firmly defending the judiciary. Although Hong Kong operates under a common law system distinct from that of mainland China, observers note that it is increasingly facing political pressure.
In 2020, Beijing enacted a comprehensive National Security Law (NSL) in Hong Kong, supported by the local government, as part of a significant crackdown on dissent following the pro-democracy protests of 2019. The NSL has been criticized for being excessively broad and punitive, with some prosecutions alleged to have denied defendants procedural fairness.
Cheung highlighted the “significant challenges” that have tested Hong Kong’s judiciary and legal institutions in recent years. However, he asserted that the judiciary has remained resilient, with legal processes continuing to be “transparent, fair, and independent.” He also noted the departure of foreign judges from the city’s court of final appeal, including five who left last year, following a long-standing arrangement where they served part-time alongside local judges.
Of the 15 foreign judges who previously served on Hong Kong’s court, only six remain. Since the NSL was enacted, four overseas judges chose not to renew their appointments, while five resigned before their terms ended, including British judge Lord Jonathan Sumption, who stated that the rule of law in Hong Kong is now “profoundly compromised.” In a June opinion piece, Sumption described Hong Kong as “slowly becoming a totalitarian state,” with others also citing the new security environment as a factor in their departures.
On Monday, Cheung expressed that the judges’ “unfortunate” exits should be respected, but emphasized that this does not indicate a weakening of Hong Kong’s judiciary, which he claimed still has experienced personnel to fill the benches. He acknowledged that some judges left early “due to political or other considerations,” suggesting that this was influenced by external pressures.
Cheung remarked, “The effects of the escalating geopolitical tensions in recent years cannot be ignored,” adding that the “orchestrated harassment and pressures” faced by some overseas judges are both regrettable and indicative of the politicization of their roles. While he did not specify the nature of the harassment, pro-democracy and rights groups in Hong Kong have been advocating for foreign judges.
