Hong Kong’s justice minister has refuted “unfounded” accusations against the judiciary regarding several highly charged national security cases, stating that none of the judges had failed to fulfil their duties and that their independence remains strong.
In his address at a ceremony on Monday to mark the start of the legal year, Secretary for Justice Paul Lam Ting-kwok also slammed the threat of sanctions against the city’s judges and “illegitimate pressures” placed on overseas judges to resign.
At a press conference following the ceremony, Chief Justice Andrew Cheung Kui-nung also said geopolitical tensions remained a hurdle in recruiting overseas non-permanent judges to sit on the Court of Final Appeal (CFA), as pressure in their home countries often dissuaded them.
Lam reviewed the judges’ performance in the national security cases over the past year and stressed that they had treated defendants fairly, without preventing them from giving evidence, making submissions or cross-examining witnesses, unless there was a good and sufficient legal reason.
“Some might opine that the proceedings have taken a long time. I would say the time was well spent and necessary to ensure that there was a fair trial to all parties concerned,” he said.
He also noted that the judgments were comprehensive and supported by abundant evidence.
“In those national security cases, is there anything in the judgments which would suggest that the judges have taken into account any extraneous consideration or that somehow their independence has been compromised?” Lam said.
“I am again very confident that the answer must be a resounding ‘no’.”
He added that the court had at times ruled against the government in these cases.
Lam said the court had faced baseless accusations after handing down judgments in high-profile national security cases, leading to threats of sanctions against judges and pressures on overseas judges to quit.
Five judges decided to step down in 2024, with some referring to the city’s political situation as they faced pressure in their home countries to quit.
Last year, Australian judge Robert French decided to step down after observing that the role of non-permanent justices had “become increasingly anachronistic and arguably cosmetic”.
The number of incumbent overseas judges stood at six, after New Zealand justice William Gillow Gibbes Austen Young was appointed last May.
Cheung said the CFA had sufficient manpower, with each overseas judge typically visiting Hong Kong twice during their three-year stint.
He noted that the overseas judges were all experts in common law and had not come to the city for the money, but to contribute to Hong Kong and uphold justice.
“Some judges are very keen to come. They are familiar with Hong Kong, having visited many times or when they were practising earlier,” Cheung said.
“But they have to reconsider due to the pressures arising in their home countries. Such difficulties do exist, but it has not reached a point where we are unable to recruit [overseas judges].”
The judiciary is also witnessing a wave of retirements among senior local judges.
The Judicial Officers Recommendation Commission reported last September that there were eight vacancies in the High Court as of June 2025.
It is projected that two permanent judges of the Court of Final Appeal, six Justices of Appeal and six judges of the Court of First Instance will retire over the next two years.
Cheung expressed “reasonable optimism”, saying vacancies were normal in any organisation and that internal talent was being nurtured while legal practitioners from outside were eager to join the judiciary.
“Like any organisation, there are recruitment, promotions, retirements and even early retirements [within the judiciary]. This is understandable and normal,” Cheung said.
“As the head of an organisation, one would always welcome more manpower if the budget allows. Our workload is significant, but we have adopted various measures to manage it over the past few years.”
Cheung highlighted the review and improvement of judges’ pay to enhance attractiveness, the extension of terms and the reappointment of serving judges to ensure sufficient manpower.
A total of 24 judges have been appointed over the past two years, including seven High Court judges, according to Cheung.
During the ceremony, the chairman of the Hong Kong Bar Association, Jose-Antonio Maurellet, stressed the importance of public perception of Hong Kong’s judiciary, noting that the presence of overseas judges would bring a positive impact on it.
“It is important for all actors in Hong Kong to take into account the impact of their decision-making on such perceptions, which may unwittingly and unintentionally impact on the reality,” Maurellet said, adding the association would speak out when the court was unfairly criticised.
The Law Society’s president, Roden Tong Man-lung, said the legal sector should uphold its professional standards to reinforce institutional trust and sustain Hong Kong’s role as a beacon of legal excellence, as highlighted in the nation’s 15th five-year plan. -- SOUTH CHINA MORNING POST
