Andrew Cheung Explained

Honorific-Prefix:The Honourable Chief Justice
Andrew Cheung Kui-nung
Native Name Lang:zh-hk
Office:3rd Chief Justice of the Court of Final Appeal of Hong Kong
Term Start:11 January 2021
Appointer:Carrie Lam
Predecessor:Geoffrey Ma
Office2:Designated National Security Law Judge
Term Start2:2020
Appointer2:Carrie Lam
Office3:Permanent Judge of the Court of Final Appeal
Term Start3:25 October 2018
Term End3:11 January 2021
Appointer3:Carrie Lam
Predecessor3:Robert Tang
Office4:4th Chief Judge of the High Court
Term Start4:20 June 2011
Term End4:24 October 2018
Appointer4:Donald Tsang
Predecessor4:Geoffrey Ma
Successor4:Jeremy Poon
Office5:Judge of the Court of First Instance of the High Court
Term Start5:2003
Term End5:2011
Office6:Deputy High Court Judge
Term Start6:2001
Term End6:2003
Office7:Judge of the District Court
Term Start7:2001
Term End7:2003
Birth Date:1961 9, df=yes
Birth Place:British Hong Kong
Nationality:Chinese
Occupation:Judge
Profession:Barrister
Alma Mater:Harvard Law School
University of Hong Kong

Andrew Cheung Kui-nung (; born 24 September 1961) is a Hong Kong judge who serves as the 3rd Chief Justice of the Court of Final Appeal. He previously served as a Permanent Judge of the same court. He was the 4th and longest-serving Chief Judge of the High Court.

Early life

Born in Hong Kong on 24 September 1961, Cheung attended Ying Wa College, before reading law at the University of Hong Kong and taking a Master of Laws degree at Harvard Law School in the United States.[1] Cheung served briefly as a Lecturer and Demonstrator of the Faculty of Law of the University of Hong Kong on a part-time basis after graduation.[2]

Legal career

The Bar: 1985–2001

Cheung was called to the Hong Kong Bar in 1985 as a pupil of Audrey Eu and began private practice the following year in the chambers of Henry Litton. His practice mainly involved civil and commercial cases.[3] [4] [5] In 1995, he was admitted as an advocate and solicitor of the Supreme Court of Singapore.

The bench: 2001–

Cheung was appointed to the bench in 2001 as a judge of the District Court of Hong Kong. Sitting first as a Deputy High Court Judge in December 2001, he was soon elevated to the Court of First Instance of the High Court in 2003. He was then appointed as the Probate Judge in 2004, before becoming the Judge in charge of the Constitutional and Administrative Law List of the High Court in 2008. His tenure was marked by a number of high-profile rulings relating to constitutional and human rights matters.[6] [7]

In June 2011, Cheung succeeded Geoffrey Ma as the Chief Judge of the High Court and President of the Court of Appeal,[8] [9] making him the fourth local judge to hold this position. In his speech to the Legislative Council moving the resolution to endorse Cheung's appointment, the Chief Secretary for Administration, Mr. Henry Tang, described Cheung as an outstanding lawyer with the ability to handle difficult and complex cases and the potential of being a good administrator of the High Court.[10]

He was elected an Honorary Bencher of Lincoln's Inn in 2017.[11]

On 21 March 2018, the Judiciary announced his appointment as a Permanent Judge of the Court of Final Appeal with effect from 25 October 2018, succeeding Robert Tang. Cheung's appointment was accompanied by the appointments of Baroness Hale and Beverley McLachlin as Non-Permanent Judges of the city's top court.[12] He held the office of Chief Judge of the High Court for 7 years, 127 days – the longest serving of the four judges who had served in the role.

Cheung is a member of the Judicial Officers Recommendation Commission, which makes recommendations to the Chief Executive on judicial appointments. He is a member of the Law Reform Commission and also chairs or is a member of various committees and working parties within the Judiciary.[13] [14] [15]

Cheung was announced as the 3rd Chief Justice of the Court of Final Appeal on 24 March 2020, succeeding Geoffrey Ma. His appointment took effect on 11 January 2021. He is the first local law graduate to be appointed Hong Kong's Chief Justice.[4]

In May 2023, the Congressional-Executive Commission on China (CECC) of the United States Congress suggested the United States government imposing sanctions on Cheung to counter the erosion of democratic freedoms in Hong Kong over his handling of Jimmy Lai's national security law case.[16] [17]

Notes and References

  1. Web site: Annex Curriculum Vitae. 11 April 2011. Government of Hong Kong. 1 September 2011.
  2. Web site: Judicial Appointment. Government of Hong Kong. 21 August 2003 . 4 July 2018.
  3. Web site: 2020-03-25. Next chief justice will preside over cases involving key constitutional disputes. 2021-01-13. South China Morning Post. en.
  4. Web site: HKU Law congratulates the first homegrown Chief Justice of the HKSAR – Andrew Cheung Faculty of Law, The University of Hong Kong. 2021-01-13.
  5. Web site: 6 March 1994. QC 'hit parade' comes under fire. 2021-01-13. South China Morning Post. en.
  6. Web site: Andrew Cheung named as new chief judge. South China Morning Post. 12 April 2011 .
  7. Web site: Notable CFI Judgments. Hong Kong Legco.
  8. News: Cheung named next chief of High Court . 12 April 2011 . . 1 September 2011 . dead . https://web.archive.org/web/20121016063110/http://www.thestandard.com.hk/news_detail.asp?pp_cat=30&art_id=110065&sid=31994396&con_type=1 . 16 October 2012.
  9. Web site: Government Notice No.3932, Gazette 2011 Vol.15 No.25. 24 June 2011. Government of Hong Kong. 1 September 2011.
  10. Web site: Speech by the Chief Secretary for Administration at the meeting of the Legislative Council on 8 June 2011.
  11. Web site: List of Benchers. eveb. lincolnsinn.org.uk. en-gb. 28 May 2017. https://web.archive.org/web/20181006075120/https://www.lincolnsinn.org.uk/index.php/about-us/our-membership/list-of-benchers. 6 October 2018. dead.
  12. News: Top court gets new judges. The Standard. 21 March 2018. en-US.
  13. Web site: JORC Report 2015. 21 March 2018. https://web.archive.org/web/20180321192947/http://www.judiciary.hk/en/crt_services/pphlt/pdf/jorc_report2015e.pdf. 21 March 2018. dead.
  14. Web site: Hong Kong Court of Final Appeal – The Permanent Judges – The Honourable Mr Justice Andrew CHEUNG Kui-nung. hkcfa.hk. en.
  15. Web site: Civil And Miscellaneous Lists : Judicial Officers Recommendation Commission. 6 August 2017. Government of Hong Kong. en. 5 August 2017. https://web.archive.org/web/20170805221321/http://www.info.gov.hk/cml/eng/cbc/a130.htm. dead.
  16. News: ONE CITY, TWO LEGAL SYSTEMS: HONG KONG JUDGES’ ROLE IN RIGHTS VIOLATIONS UNDER THE NATIONAL SECURITY LAW. Congressional-Executive Commission on China. 10 May 2023.
  17. News: No bail should be granted to defendants charged under national security law, says prosecutor. 1 February 2021. The Standard.