Court of Final Appeal (Hong Kong) explained

Court Name:Hong Kong Court of Final Appeal
Native Name:Chinese: 香港終審法院
Location:8 Jackson Road, Central,
Hong Kong[1]
Type:Appointment by the Chief Executive acting in accordance with the recommendation of the Judicial Officers Recommendation Commission with Legislative Council endorsement
Authority:Hong Kong Basic Law
Hong Kong Court of Final Appeal Ordinance
Terms:Until retirement age of 70 for the Chief Justice and Permanent Judges, but this may be extended by two three-year terms, meaning retirement age can be extended to 76; no retirement age for non-permanent judges
Positions:One Chief Justice, at least three permanent judges and at most 30 non-permanent judges
Chiefjudgetitle:Chief Justice of the Court of Final Appeal
Chiefjudgename:Andrew Cheung
Termstart:11 January 2021
Order:ts
T:香港終審法院
S:香港终审法院
Y:Hēung góng jūng sám faat yuhn
J:Hoeng1 gong2 zung1 sam2 faat3 jyun6
P:Xiānggǎng Zhōngshěnfǎyuàn

The Hong Kong Court of Final Appeal (HKCFA or CFA) is the final appellate court of Hong Kong. It was established on 1 July 1997, upon the establishment of the Hong Kong Special Administrative Region, replacing the Judicial Committee of the Privy Council as the highest judicial institution under Hong Kong law. As defined in Articles 19 and 85 of the Basic Law of Hong Kong, the Court of Final Appeal "exercises judicial power in the Region independently and free from any interference." The Hong Kong Court of Final Appeal Ordinance and the Hong Kong Court of Final Appeal Rules set out the detailed functions and procedures of the court.

The court meets in the Court of Final Appeal Building located in Central, Hong Kong.

Role of the court

From the 1840s to 30 June 1997, Hong Kong was a British Dependent Territory, and the power of final adjudication on the laws of Hong Kong was vested in the Judicial Committee of the Privy Council in London. The power to exercise sovereignty over Hong Kong was transferred from the United Kingdom to the People's Republic of China on 1 July 1997. Based on the one country, two systems principle, Hong Kong retains a high degree of autonomy and maintains its own legal system. The Court of Final Appeal was established on 1 July 1997 in Central, Hong Kong. Since then, it has served as the court of last resort; the court has the power of final adjudication with respect to the law of Hong Kong as well as the power of final interpretation over local laws including the power to strike down local ordinances on the grounds of inconsistency with the Basic Law.

However, this power is not absolute; the court's decisions can be overturned by the Chinese government via a controversial process known as an "interpretation" via Article 158 of the Basic Law.[2] [3]

The Court of Final Appeal has no original jurisdiction; an appeal has to originate from the High Court (either from the Court of Appeal or the Court of First Instance).

Court structure

Judges

The Court of Final Appeal is made up of the Chief Justices, at least three Permanent Judges, and at most 30 non-permanent Judges who can come from Hong Kong or any overseas Common Law jurisdictions. Under the Basic Law, the constitutional document of Hong Kong, the special administrative region remains a common law jurisdiction. Judges from other common law jurisdictions can be recruited and serve in the judiciary as non-permanent judges according to Article 92 of the Basic Law; to date, Judges appointed have served in the judiciaries of England and Wales, Australia, New Zealand, Canada and Scotland. Aside from the Chief Justice, there is no nationality requirement for any of the permanent or non-permanent judges.

Permitting an appeal

Whether a prospective appellant is permitted to appeal or not is determined by a panel of three Hong Kong judges, usually the Chief Justice and two other permanent judges. Should the Chief Justice or a permanent judge not be available, the other permanent judge or a non-permanent judge from Hong Kong may be called in. Non-permanent judges from other jurisdictions do not sit on such panels.

Hearing an appeal

All appeal cases are heard by a bench of five judges consisting of the Chief Justice, three permanent judges and a non-permanent judge from another common law jurisdiction. If the Chief Justice does not sit in an appeal, a permanent judge is designated to sit in the Chief Justice's place, and a non-permanent judge from Hong Kong will sit on the court as well. Similarly, if a permanent judge is unable to sit, a non-permanent Hong Kong judge will sit in place of that permanent judge. Technically, should a non-permanent judge from outside Hong Kong be unable to attend due to extraordinary circumstances (such as during the COVID-19 pandemic), two non-permanent Hong Kong judges may sit on the court or, or the overseas judge may sit via video conferencing.

As the role of a non-permanent judge is not a full time role, a serving High Court judge may be appointed as a non-permanent judge concurrently, such as Vice-President Robert Tang and Vice-President Frank Stock, as they were then known. This is extended only to the most eminent and senior serving High Court justices. There is no mandatory retirement age for a non-permanent judge.

Since the enactment of the National Security Law in 2020, no foreign non-permanent judges has sat during a National Security case, being replaced instead by designated Hong Kong non-permanent judges.

Judicial assistants

Since 2009, under the auspices of the then-Chief Justice Andrew Li, judicial assistants have been appointed to provide support and assistance to its judges.

Registrar

There is also a registrar attached to the Court of Final Appeal, to help with review of appeal applications and other administrative duties; the registrar is usually recruited from the district court level. The list of registrars is as follows:

  1. Edward Timothy Starbuck Woolley (1997–1999)
  2. Simon Kwang Cheok-weung (2014–2018)
  3. Wong King-wah (since June 2023)

Building

From its inception in July 1997 until September 2015, the court was located in the Former French Mission Building, in Central.[4] In September 2015, the court relocated to the former (until 2011) Legislative Council Building, which was originally the colonial Supreme Court (1912–1985).

List of buildings used

Current court

The Cheung Court

The Cheung Court began on 11 January 2021, when Andrew Cheung began his tenure as the 3rd Chief Justice. Currently, 15 justices serve on the Cheung Court, including the Chief Justice, 3 Permanent Judges, and 11 non-permanent judges (7 of whom are from other common law jurisdictions).

Permanent members of the court

List of permanent judges

Chief Justices

!No.!Name!Chinese name!Tenure start!Tenure end!Tenure length!Previous judicial office!Inner bar!Appointed by
1Andrew Li Kwok-nang, GBM
(Born ; age)
Chinese: 李國能1 July 199731 August 2010None (Barrister in private practice)
(Concurrent Deputy High Court Judge)
KC (1988)Tung Chee-hwa
2Geoffrey Ma Tao-li, GBM
(Born ; age)
Chinese: 馬道立1 September 201010 January 2021Chief Judge of the High CourtKC (1993)Donald Tsang
3Andrew Cheung Kui-nung, GBM
(Born ; age)
Chinese: '''張舉能'''11 January 2021IncumbentPermanent Judge of the Court of Final AppealCarrie Lam

Permanent Judges

!No.!Name!Chinese name!Replacing!Tenure start!Tenure end!Tenure length!Previous judicial office!Inner bar!Appointed by
1Henry Denis Litton, GBM
(Born ; age)
Chinese: 烈顯倫Inaugural1 July 199713 September 2000Vice-president of the Court of AppealKC (1970)Tung Chee-hwa
2Charles Arthur Ching, GBM
(– 30 November 2000; aged)
Chinese: 沈澄Inaugural1 July 19976 October 2000Justice of AppealKC (1974)
3Syed Kemal Shah Bokhary, GBM
(Born ; age)
Chinese: 包致金Inaugural1 July 199724 October 2012Justice of AppealKC (1983)
4Patrick Chan Siu-oi, GBM
(Born ; age)
Chinese: 陳兆愷Litton1 September 200020 October 2013Chief Judge of the High Court
5Roberto Alexandre Vieira Ribeiro, GBM
(Born ; age)
Chinese: '''李義'''Ching1 September 2000IncumbentJustice of AppealKC (1990)
6Robert Tang Kwok-ching, GBM, SBS
(Born ; age)
Chinese: 鄧國楨Bokhary25 October 201224 October 2018Vice-president of the Court of Appeal
(Concurrent Non-Permanent Judge of the Court of Final Appeal)
KC (1986)Leung Chun-ying
7Joseph Paul Fok
(Born ; age)
Chinese: '''霍兆剛'''Chan21 October 2013IncumbentJustice of AppealSC (1999)
8Andrew Cheung Kui-nung, GBM
(Born ; age)
Chinese: 張舉能Tang25 October 201810 January 2021Chief Judge of the High CourtCarrie Lam
9Johnson Lam Man-hon
(Born August 1961; age)
Chinese: '''林文瀚'''Cheung30 July 2021IncumbentVice-president of the Court of Appeal

List of non-permanent judges

Current non-permanent judges from Hong Kong

No.Name Chinese nameTenure startTenure lengthPrevious judicial officesInner barAppointed by
1Frank Stock, GBS
(Born ; age)
Chinese: 司徒敬1 September 2010Deputy High Court Judge (1991)
Judge of the High Court of Justice/Court of First Instance (1992–2000)
Justice of Appeal of the Court of Appeal (2000–09)
Vice-president of the Court of Appeal (2009–14)
KC (1985)Donald Tsang
2Syed Kemal Shah Bokhary, GBM
(Born ; age)
Chinese: 包致金25 October 2012Judge of the High Court of Justice (1989–93)
Justice of Appeal of the Court of Appeal (1993–97)
Permanent Judge of the Court of Final Appeal (1997–2012)
KC (1983)Leung Chun-ying
3Patrick Chan Siu-oi, GBM
(Born ; age)
Chinese: 陳兆愷21 October 2013Judge of the District Court (1987–91)
Deputy Registrar of the Supreme Court (1991–92)
Judge of the High Court of Justice (1992–97)
Chief Judge of the High Court (1997–2000)
Permanent Judge of the Court of Final Appeal (2000–13)
4Robert Tang Kwok-ching, GBM, SBS
(Born ; age)
Chinese: 鄧國楨25 October 2018Deputy District Judge (1982)
Deputy High Court Judge (1986)
Recorder of the High Court of Justice/Court of First Instance (1995–2004)
Judge of the Court of First Instance (2004–05)
Justice of Appeal of the Court of Appeal (2005–06)
Vice-president of the Court of Appeal (2006–12)
Non-Permanent Judge of the Court of Final Appeal (2010–12)
Permanent Judge of the Court of Final Appeal (2012–18)
KC (1986)Carrie Lam

Current non-permanent judges from other common law jurisdictions

No.JurisdictionNameChinese nameTenure startTenure lengthPrior most senior judicial roleInner barAppointed by
1Lord Hoffmann, GBSChinese: 賀輔明勳爵12 January 1998Lord of Appeal in Ordinary (1995–2009)KC (1977)Tung Chee-hwa
2United KingdomLord Neuberger of Abbotsbury, GBSChinese: 廖柏嘉勳爵1 March 2009President of the Supreme Court of the United Kingdom (2012–17)KC (1987)Donald Tsang
3United KingdomLord Phillips of Worth Matravers, GBSChinese: 范理申勳爵1 October 2012President of the Supreme Court of the United Kingdom (2009–12)KC (1978)Leung Chun-ying
4AustraliaWilliam Montague Charles GummowChinese: 甘慕賢29 July 2013Justice of the High Court of Australia (1995–2012)KC (1986)
5AustraliaRobert Shenton FrenchChinese: 范禮全31 May 2017Chief Justice of Australia (2008–17)
6AustraliaPatrick Anthony KeaneChinese: 祈顯義6 April 2023[5] Justice of the High Court of Australia (2013–2022)KC (1988)John Lee
7AustraliaJames Leslie Bain Allsop歐頌律24 May 2024[6] Chief Justice of the Federal Court of Australia (2013–2023)SC (1994)

Former non-permanent judges from Hong Kong

No.Name Chinese nameTenure start Tenure endTenure lengthPrior most senior local judicial roleInner barNotesAppointed by
1Sir Denys Tudor Emil Roberts, KBEChinese: 羅弼時爵士28 July 199727 July 2003Chief Justice of the Supreme Court (1979–88)QC (1964)Inaugural justiceTung Chee-hwa
2Sir Alan Armstrong HugginsChinese: 赫健士爵士28 July 199727 July 2003Vice-president of the Court of Appeal (1980–87)Inaugural justice
3Sir Derek ConsChinese: 康士爵士28 July 199727 July 2006Vice-president of the Court of Appeal (1986–93)Inaugural justice
4William James SilkeChinese: 邵祺28 July 199727 July 2009Vice-president of the Court of Appeal (1987–94)Inaugural justice
5Kutlu Tekin FuadChinese: 傅雅德28 July 199727 July 2009Vice-president of the Court of Appeal (1988–93)Inaugural justice
6Gerald Paul Nazareth, GBSChinese: 黎守律28 July 199727 July 2012Vice-president of the Court of Appeal (1994–2000)QC (1981)Inaugural justice
7John Barry Mortimer, GBSChinese: 馬天敏28 July 199727 July 2015Vice-president of the Court of Appeal (1997–99)QC (1971)Inaugural justice
8Sir Noel Plunkett Power, GBSChinese: 鮑偉華爵士28 July 199719 November 2009Vice-president of the Court of Appeal (1997–99)Inaugural justice; died in office
9Art Michael McMullinChinese: 麥慕年28 July 199727 July 2003Justice of Appeal of the Court of Appeal (1979–86)Inaugural justice
10Philip Gerard CloughChinese: 郭樂富28 July 199727 July 2006Justice of Appeal of the Court of Appeal (1986–92)Inaugural justice
11Neil MacdougallChinese: 麥德高28 July 199727 July 2003Justice of Appeal of the Court of Appeal (1993–95)Inaugural justice
12Henry Denis Litton, GBMChinese: 烈顯倫14 September 200013 September 2015Permanent Judge of the Court of Final Appeal (1997–2000)SC (1970)
13Charles Arthur Ching, GBMChinese: 沈澄7 October 200030 November 2000Permanent Judge of the Court of Final Appeal (1997–2000)QC (1974)Died in office
14Robert Tang Kwok-ching, GBM, SBSChinese: 鄧國楨1 September 201024 October 2012Vice-president of the Court of Appeal (2006–12)SC (1986)First NPJ appointed permanent judgeDonald Tsang
15Michael John Hartmann, GBSChinese: 夏正民1 September 201031 August 2016Justice of Appeal of the Court of Appeal (2008–12)

Former non-permanent judges from other common law jurisdictions

No.JurisdictionName Chinese nameTenure start Tenure endTenure lengthPrior most senior judicial roleInner barNotesAppointed by
1New Zealand
Lord Cooke of ThorndonChinese: 顧安國勳爵28 July 199727 July 2006Lord of Appeal in Ordinary (1996–2001)QC (1964)Inaugural justiceTung Chee-hwa
2AustraliaSir Anthony Frank Mason, GBMChinese: 梅師賢爵士28 July 199727 July 2015Chief Justice of Australia (1987–95)KC (1964)Inaugural justice
3New ZealandSir Edward Jonathan SomersChinese: 沈穆善爵士28 July 19973 June 2002Judge of the Court of Appeal of New Zealand (1981–90)QC (1973)Inaugural justice; died in office
4AustraliaSir Daryl Michael DawsonChinese: 杜偉舜爵士1 September 1997 31 August 2003Justice of the High Court of Australia (1982–97)KC (1971)
5United KingdomLord Nicholls of BirkenheadChinese: 李啟新勳爵12 January 199811 January 2004Second Senior Lord of Appeal in Ordinary (2002–07)QC (1974)
6AustraliaSir Francis Gerard Brennan, GBSChinese: 布仁立爵士28 July 200027 July 2012Chief Justice of Australia (1995–98)QC (1965)
7United KingdomLord Millett, GBSChinese: 苗禮治勳爵28 July 200027 May 2021Lord of Appeal in Ordinary (1998–2004)QC (1974)Died in office
8New ZealandSir Johann Thomas EichelbaumChinese: 艾俊彬爵士28 July 200027 July 2012Chief Justice of New Zealand (1989–99)QC (1978)
9United KingdomLord Scott of FoscoteChinese: 施廣智勳爵28 July 200327 July 2012Lord of Appeal in Ordinary (2000–09)KC (1975)
10United KingdomLord Woolf, GBSChinese: 伍爾夫勳爵28 July 200327 July 2012Lord Chief Justice of England and Wales (2000–05)
11New ZealandSir Ivor Lloyd Morgan RichardsonChinese: 韋卓善爵士28 July 200327 July 2009President of the Court of Appeal of New Zealand (1996–2002)
12AustraliaMichael Hudson McHughChinese: 馬曉義1 July 200630 June 2012Justice of the High Court of Australia (1989–2005)KC (1973)Donald Tsang
13New Zealand Sir Thomas Munro Gault, KNZMChinese: 高禮哲爵士1 July 200619 May 2015Justice of the Supreme Court of New Zealand (2004–06)QC (1984)Died in office
14United KingdomLord Walker of Gestingthorpe, GBSChinese: 華學佳勳爵1 March 200916 November 2023Justice of the Supreme Court of the United Kingdom (2009–13)KC (1982)Died in office
15AustraliaAnthony Murray Gleeson, GBSChinese: 紀立信1 March 200929 February 2024Chief Justice of Australia (1998–2008)KC (1974)
16United KingdomLord Clarke of Stone-cum-EbonyChinese: 簡嘉麒勳爵30 June 201129 June 2020Justice of the Supreme Court of the United Kingdom (2009–17)KC (1979)
17United KingdomLord Collins of MapesburyChinese: 郝廉思勳爵30 June 20115 June 2024Justice of the Supreme Court of the United Kingdom (2009–11)KC (1997)Resigned mid-term
18AustraliaJames Jacob Spigelman, ACChinese: 施覺民29 July 20132 September 2020Chief Justice of New South Wales (1998–2011)KC (1986)First NPJ to resign mid-term[7] Leung Chun-ying
19United KingdomLord Reed of AllermuirChinese: 韋彥德勳爵31 May 201730 March 2022President of the Supreme Court of the United Kingdom (2020–)KC (1995)Resigned mid-term[8]
20United KingdomBaroness Hale of RichmondChinese: 何熙怡女男爵30 July 201829 July 2021President of the Supreme Court of the United Kingdom (2017–20)KC (1989)First NPJ to not renew termCarrie Lam
21CanadaBeverley Marian McLachlinChinese: 麥嘉琳30 July 201829 July 2024Chief Justice of Canada (2000–17)
22United KingdomLord SumptionChinese: 岑耀信勳爵18 December 2019[9] 4 June 2024Justice of the Supreme Court of the United Kingdom (2012–18)KC (1986)Resigned mid-term
23United KingdomLord HodgeChinese: 賀知義勳爵1 January 2021[10] 30 March 2022Deputy President of the Supreme Court of the United Kingdom (2020–)KC (1996)Resigned mid-term

Number of non-permanent judges from each common law jurisdiction

Traditionally, all overseas non-permanent judges came from three common law jurisdictions: the United Kingdom, Australia, and New Zealand. In 2018, Beverly McLachlin—the former Chief Justice of Canada—became the first Canadian (and, along with Baroness Hale, one of the first two women) to be appointed to the CFA.[11]

JurisdictionCurrently serving Formerly servedTotal
31114
Australia4610
New Zealand055
Canada001
Total72330

Controversies

While the CFA is the final appellate court in Hong Kong, and is granted power of final adjudication, the fact that the Central Government of China has the power to interpret—in essence overturn—the CFA's rulings has caused great controversy over the years. This has led the CFA to be mockingly referred to as the "Court of Semi-Final Appeal" by people such as former Hong Kong Bar Association chairman Martin Lee KC SC, veteran activist-investor David Webb, human rights lawyer Mark Daly, as well as the general public.[12] [13] [14] [15] The term "Court of Semi-Final Appeal" was first officially referenced to by then-Secretary for Justice Elsie Leung as far back as 1999.[16] A more detailed list of controversies around the CFA are listed below.

Article 158 interpretation

The controversial power of final interpretation of "national" law including the Basic Law is vested in the Standing Committee of the National People's Congress of China (NPCSC) by virtue of Article 158 of the Basic Law and by the Constitution of the PRC; however, "national" laws which are not explicitly listed in Annex III of the Basic Law are not operative in Hong Kong. Since 2020, Article 158 interpretations may also be applied to the Hong Kong national security law.

Article 158 delegates such power to the courts of Hong Kong for interpretation while handling court cases. Although this arrangement has attracted criticism of "undermining judicial independence", an interpretation by the NPCSC does not affect any court judgments already rendered. This practice is highly controversial as it contradicts the power of final adjudication; the first time an interpretation occurred in 1999, all five judges (including the Chief Justice, all three permanent justices and one non-permanent justice) involved in the case of Ng Ka Ling v Director of Immigration reportedly considered quitting the top court in protest. The judges ultimately did not quit, as "the justices feared they would be replaced by less independent or competent jurists."[17]

Since 1997, there have been 6 interpretations, 5 of which interpreted the Basic Law, and 1 of which interpreted the national security law.

Basic Law interpretations

National security law interpretations

Kemal Bokhary replacement

In 2012, Permanent Judge Kemal Bokhary—known as a leading liberal and dissenting voice on the Court—did not have his tenure extended past the mandated retirement age of 65. His replacement, however, was then-already 65-year-old Robert Tang, who was even older than Bokhary but was seen as more conservative. Bokhary himself has said that he believes his tenure was not extended due to his "liberal judgments".[20]

Hong Kong National Security Law

Designated national security law judges (2020)

The introduction of designated national security law judges created two new exclusions for justices on the Court: an overseas non-permanent judge now no longer sits in on a full hearing if it is a national security law case, and not all non-permanent judges—even those from Hong Kong—are approved to sit on national security law cases. This was first evidenced in HKSAR v Lai Chee Ying, where two local non-permanent judges (Stock NPJ and Chan NPJ) sat instead of the usual combination of one local NPJ, and one overseas NPJ.

As of 2024, two non-permanent justices (Bokhary NPJ and Tang NPJ) have still not sat in on any national security law cases; it is unclear whether this is because they have not been designated, or simply have not been scheduled to sit in on a national security case.

Resignation of non-permanent judges (since 2020)

No non-permanent judge from overseas jurisdictions had ever quit the Court mid-term before the enactment of the National Security Law. In September 2020, then-non-permanent judge James Spigelman resigned in response to China's controversial National Security Law being imposed on Hong Kong, but Spigelman did not elaborate further.[21] In March 2022, both Lord Reed and Lord Hodge resigned as non-permanent judges, citing the National Security Law leading to the judges being unable to "continue to sit in Hong Kong without appearing to endorse an administration which has departed from values of political freedom, and freedom of expression, to which the Justices of the Supreme Court are deeply committed."

In November 2022, Lady Hale—who had refused to renew her tenure on the Court in 2020—suggested that British judges should leave the CFA, stating, "...there's going to come a stage where [British judges] are asked to apply and enforce unacceptable laws, and some of us might think that that stage has already come."[22] On 6 June 2024, Lord Sumption and Lord Collins resigned as non-permanent judges, with Lord Collins stating that it was "because of the political situation",[23] [24] whereas Sumption more explicitly stated that Hong Kong was "slowly becoming a totalitarian state".[25] In response to these resignations, Secretary for Justice Paul Lam SC downplayed the importance of non-permanent judges, said that, "... the credit for the fact that Hong Kong has a high level of rule of law largely goes to our local judges; it is not the case that losing a few non-permanent judges will deal a heavy blow to our rule of law."[26]

Overseas counsel for national security defendants (2023)

Within hours of the CFA allowing media tycoon Jimmy Lai to hire Tim Owen KC, chief executive John Lee announced that the Government would seek an interpretation under Article 158 to overturn the CFA's decision (as well as overturning the decisions by the Chief Judge and the Court of Appeal). This was roundly condemned by legal pundits, including Elsie Leung and Lord Pannick KC. Even before the interpretation, the Immigration Department withheld Owen's work visa, contrary to what the CFA had ruled.[27] This decision was criticized by leading barrister Lord Pannick KC, who frequently represents the Hong Kong Government in court, and also questioned by Jonathan Kaplan KC, another British King's Counsel who frequently appears in Hong Kong courts.[28] [29]

Ultimately, Owen was replaced by Marc Corlett KC, a New Zealand King's Counsel but who had gained admission to the Hong Kong bar in 2020. Corlett was widely seen as a "like-for-like" replacement for Owen, and showed that overseas specialist lawyers would need to be admitted full-time to the Hong Kong bar before being allowed to participate in national security trials.[30]

Proposed United States sanctions on Hong Kong judges (2023)

The United States Congressional-Executive Commission on China (CECC) released a report on 12 May 2023 suggesting sanctions be placed on 29 hand-picked Hong Kong national security judges (which includes the Chief Justice and 3 Permanent Judges), saying, "As participants in this system, judges appointed to handle national security cases contribute to these systemic violations."[31] This suggestion was rejected by both the Hong Kong Bar Association and the judiciary, stressing that, "...there is no basis at all to call into question the integrity and independence of Hong Kong judges, whose selection, appointment and discharge of their constitutional role and duties are, and must remain, free from any political considerations and interference."[32] [33]

Maria Yuen nomination saga

In June 2021, Justice of Appeal Maria Yuen was recommended for appointment as a permanent judge by the Judicial Officers Recommendation Commission. However the promotion was rejected by pro-Beijing legislators, in an unprecedented breach of the norms of an independent legal system. The legislators, who by protocol accept the recommendations of the commission, claimed that she might be influenced by her husband, former Chief Justice Geoffrey Ma, whose defence of Hong Kong's judicial independence they considered unpatriotic.[34]

See also

External links

Notes and References

  1. Web site: Court Services & Facilities – Court of Final Appeal . Government of Hong Kong . 9 January 2015 . 20 June 2015 . https://web.archive.org/web/20150330035954/http://www.judiciary.gov.hk/en/crt_services/pphlt/html/cfa.htm#9 . 30 March 2015 . dead .
  2. http://www.doj.gov.hk/eng/public/basiclaw/basic13_2.pdf
  3. http://www.doj.gov.hk/eng/public/basiclaw/basic10_3.pdf
  4. Web site: Finance Committee – Public Works Subcommittee (Papers) 8 Nov 95 . Government of Hong Kong . 20 June 2015.
  5. Web site: 3 April 2023 . Appointment of non-permanent judge from another common law jurisdiction of the Court of Final Appeal . Government of Hong Kong.
  6. Web site: Appointment of non-permanent judge from another common law jurisdiction of the Court of Final Appeal .
  7. Web site: REVOCATION OF APPOINTMENT OF JUDGE FROM ANOTHER COMMON LAW JURISDICTION OF THE HONG KONG COURT OF FINAL APPEAL.
  8. Web site: 30 March 2022 . Role of UK Supreme Court judges on the Hong Kong Court of Final Appeal – update .
  9. Web site: Appointments of non-permanent judge from another common law jurisdiction of the Court of Final Appeal and the Chief Judge of the High Court.
  10. Web site: 23 December 2020 . Appointment of non-permanent judge from another common law jurisdiction of the Court of Final Appeal . live . https://web.archive.org/web/20201223101716/https://www.info.gov.hk/gia/general/202012/23/P2020122300339.htm . 23 December 2020 . HK Government.
  11. Web site: Chung . Kimmy . 30 May 2018 . Baroness Hale and Beverly McLachlin become first female judges to join Hong Kong's Court of Final Appeal despite 'national interest' concerns . South China Morning Post.
  12. Web site: Lee . Martin . 21 May 2000 . RTHK "Letter to Hong Kong" .
  13. Book: Daly, Mark . 9 – A human rights lawyer's perspective from Part II – The Hong Kong Court of Final Appeal . A human rights lawyer's perspective . 2013 . 207–222 . Cambridge University Press . 10.1017/CBO9780511894763.012 . 9781107011212 .
  14. Web site: Webb . David . 16 October 2019 . ERO: one judicial review, two judges .
  15. Web site: 9 March 2002 . Court undermined by reinterpretation .
  16. Web site: Leung . Elsie . 18 May 1999 . Speech by Secretary for Justice .
  17. Web site: All city's top judges 'considered quitting'. South China Morning Post. 8 September 2011 .
  18. Web site: The decision by the Court of Final Appeal to seek an interpretation of the Basic Law from the Standing Committee of the National People's Congress regarding the controversy of state immunity raised in the debt litigation of the Democratic Republic of Congo. LegCo.
  19. Web site: Chau . Candice . 8 January 2023 . Explainer: Beijing's first interpretation of Hong Kong's national security law . Hong Kong Free Press.
  20. Web site: Ng. Kang Chung. 5 November 2012. Former judge Bokhary: 'I was ousted for being too liberal'. live. South China Morning Post. https://web.archive.org/web/20161030000732/http://www.scmp.com/news/hong-kong/article/1075186/former-judge-bokhary-i-was-ousted-being-too-liberal . 30 October 2016 .
  21. Web site: 18 September 2020. Australian judge quits Hong Kong court, citing national security law. live. Reuters. https://web.archive.org/web/20200918172022/https://www.reuters.com/article/us-hongkong-security-judges-idUSKBN26912R . 18 September 2020 .
  22. Web site: 17 November 2022 . Lady Hale suggests 'time has come' for British judges to leave Hong Kong court . Scottish Legal News.
  23. Web site: Former top UK judges resign from Hong Kong court amid China crackdown . 2024-06-07 . Financial Times.
  24. Web site: Grundy . Tom . 6 June 2024 . Two UK judges quit Hong Kong's top court . 2024-06-07 . Hong Kong Free Press . en-GB.
  25. Web site: Grundy . Tom . 10 June 2024 . Lord Sumption: Hong Kong 'slowly becoming a totalitarian state,' says UK judge who quit city's top court . 2024-06-15 . Hong Kong Free Press . en-GB.
  26. Web site: Tse . Hans . 20 June 2024 . Hong Kong's rule of law hinges on local rather than foreign judges, justice chief Paul Lam says . Hong Kong Free Press.
  27. Web site: 1 December 2022 . Media tycoon Jimmy Lai's trial adjourned to Dec 13, Hong Kong Immigration withholds visa extension for his lawyer . HKFP.
  28. Web site: Pannick . David . 5 December 2022 . Hong Kong media trial is crunch time for its rule of law . The Times.
  29. Web site: 11 May 2023 . 修例通過 外狀打國安案須特首批 或涉複雜案件審批不設時限 有議員促說明準則制衡權力 . Ming Pao.
  30. Web site: 20 December 2023 . Hong Kong tycoon Jimmy Lai's legal team joined by 'specialist' New Zealand lawyer seen as replacement for barred Briton Timothy Owen . South China Morning Post.
  31. Web site: Pang . Jessie . 12 May 2023 . China condemns U.S. report calling for sanctions against Hong Kong security judges . Reuters.
  32. Web site: 12 May 2023 . Statement of the Hong Kong Bar Association Response to the US Congressional-Executive Commission Staff Research Report May 2023 calling for sanctions on Hong Kong Judges . HKBA.
  33. Web site: 12 May 2023 . Judiciary responds to media enquiries .
  34. Hong Kong pro-Beijing legislators intervene in judicial appointment, Financial Times, by Primrose Riordan, 23 June 2021