Hong Kong’s top judge has acknowledged that increasing geopolitical tensions are hindering the court’s ability to recruit overseas judges, a crucial element for maintaining the city’s status as a global financial hub and attracting foreign businesses, Bloomberg reports.
Speaking at the ceremonial opening of the legal year on Monday, Chief Justice of the Court of Final Appeal Andrew Cheung admitted that “given the current geopolitical headwinds, recruiting overseas judges with the right stature and experience may be less straightforward than it once was.”
Cheung’s rare public statement about recruitment challenges comes after a number of foreign judges departed Hong Kong’s highest court, which was established in 1997 after the former British colony’s handover to Chinese rule. Some judges have cited political reasons for their resignations.
Since 2019, about half of the court’s 15 overseas justices have left their positions. Eight judges have either resigned or opted not to renew their terms since Beijing imposed a controversial national security law on the city in 2020. Prior to this, the court had not experienced any early resignations.
The departures have fueled concerns among foreign companies about the future of Hong Kong’s rule of law, a cornerstone of its identity as a global financial center. Years of strict COVID-19 restrictions and a crackdown on dissent have further damaged Hong Kong’s international reputation, contributing to an outflow of talent.
“It is unfortunate that a few of these judges have felt unable to continue their service,” Cheung said in his address. “However, their premature departures do not mean a weakening of the quality or independence of the judiciary.”
Despite slipping in the World Justice Project’s Rule of Law index for three consecutive years since 2020, Hong Kong still maintains a relatively high ranking at 23 last year, which was three notches above the United States. In comparison, Mainland China is ranked 95th.
Currently, six overseas judges remain on the Court of Final Appeal. William Gummow, 82, has an expiring contract this year. However, his age isn’t necessarily a barrier, as nonagenarian Leonard Hoffmann recently signed on for another three-year term.
The challenges in recruiting and retaining overseas judges raise significant questions about Hong Kong’s ability to maintain its independent legal system and the confidence of the international business community in the city’s future as a global financial hub.
