In a forceful defense of Hong Kong’s embattled judiciary, the city’s top judge has blamed the ongoing exodus of foreign jurists on its highest court on escalating geopolitical tensions and what he decried as “orchestrated harassment”. Chief Justice Andrew Cheung’s remarks, delivered at the ceremonial opening of the legal year on Monday, came amid growing concerns over the independence of Hong Kong’s legal system in the wake of the sweeping National Security Law (NSL) imposed by Beijing in 2020.
Judiciary Under Pressure
Cheung acknowledged the “significant challenges” that have tested the strength of Hong Kong’s legal institutions in recent years. Yet he maintained that the judiciary has stood firm, insisting its processes remain “transparent, fair and independent” despite the shifting political landscape. His speech made repeated mention of the foreign judges who have abandoned their posts on the Court of Final Appeal, Hong Kong’s top court, where they have long served alongside local colleagues on a part-time basis.
The roster of overseas non-permanent judges, which once stood at 15, has dwindled to just six. Four declined to renew their appointments while five resigned prematurely in the wake of the NSL, among them UK Supreme Court judge Lord Jonathan Sumption. Sumption penned a scathing rebuke in the Financial Times last June declaring that the rule of law in the territory is now “profoundly compromised” as Hong Kong “slowly becomes a totalitarian state”.
Claims of “Orchestrated Harassment”
While acknowledging that some judges stepped down early “on account of political or other considerations,” Cheung suggested this was due to outside pressure rather than issues with the system itself. He pointed to “escalating geopolitical tensions” whose effects “cannot be ignored” and asserted that the departed judges had been subjected to “orchestrated harassment and pressures” that are “as deplorable as they are indicative of how politicized” their role has become.
The chief justice did not provide specifics on the alleged harassment campaign. However, pro-democracy groups in Hong Kong and abroad have openly lobbied foreign judges to resign, arguing their presence lends legitimacy to a compromised system. Since the introduction of the NSL, which granted authorities sweeping powers to punish dissent, thousands of protesters have been arrested with hundreds charged under the law itself.
Judicial Independence in Question
The NSL has faced widespread criticism as an assault on Hong Kong’s autonomy and civil liberties. Prominent activists, opposition politicians, and media figures like Apple Daily founder Jimmy Lai have been ensnared by the law, with many now serving lengthy prison terms. Observers warn the judiciary is under increasing pressure to side with authorities in national security cases.
The law gravely threatens judicial independence because the judiciary can no longer offer meaningful constraints on government power.
– Alvin Cheung, legal scholar
A System Under Siege
While Cheung sought to downplay the exodus of foreign judges, critics contend it is an unmistakable sign of eroding confidence in the territory’s legal system. Long seen as a beacon of rule of law at the doorstep of authoritarian China, Hong Kong’s courts have found themselves on the frontlines of a struggle to preserve the “one country, two systems” framework that has defined the city since its handover from British rule.
- Growing threats to judicial independence as system grapples with national security trials
- Concerns over procedural fairness and defendants’ rights under draconian security law
- Worries over long-term viability of territory’s unique legal framework amid China’s tightening grip
As the crackdown on dissent unfolds in Hong Kong’s courts with judges facing intense scrutiny and red lines shifting underfoot, the true test of the judiciary’s resilience in the face of political pressure may be just beginning. The international community will be closely watching whether Hong Kong’s vaunted legal system can weather the storm and emerge with its independence intact.
