London Daily

Focus on the big picture.
Thursday, Aug 13, 2026

Hong Kong courts free of government meddling, justice minister says

Hong Kong courts free of government meddling, justice minister says

Teresa Cheng defends integrity of city’s judicial system, echoing views put forward by Lord Jonathan Sumption, a non-permanent judge of top court.

Neither the local nor central government has done anything so far to interfere with judicial independence in Hong Kong, the city’s justice minister has asserted, in the face of pressure on foreign judges to quit the system over concerns about the national security law.

The Basic Law provided a solid framework for courts to operate freely and without interference, Secretary for Justice Teresa Cheng Yeuk-wah said on Friday after The Times published a commentary by a leading British jurist who serves as one of 14 non-permanent judges in Hong Kong.

Cheng said she “fully agreed” with Lord Jonathan Sumption’s defence of the city’s judicial independence.

Sumption made clear he intended to continue serving in the Court of Final Appeal and would not bow to demands by British lawmakers for Western judges to resign following the adoption of the security law in June.

Secretary for Justice Teresa Cheng notes that the oath taken by all judges requires them to safeguard the law and administer justice.


British political group and media were fanning the flames of the row, he argued.

“These calls [of withdrawal] have intensified since the changes to the electoral system introduced by the Chinese National People’s Congress last week,” he said. “The Labour Party and The Times have joined the hue and cry.”

The newspaper published an article in July featuring interviews with senior legal figures who said British judges could be forced to quit if they failed to condemn China’s “repressive” security law. More recently, The Times published an article headlined “You should quit Hong Kong’s top court now, UK judges are told”, with comments from wanted activist Nathan Law Kwun-chung and Lisa Nandy, the shadow foreign secretary.

Justice James Spigelman, from Australia, stepped down from the court in September, citing concerns over the new law, which targets acts of secession, subversion, terrorism and collusion with foreign forces. British Queen’s Counsel David Perry then quit in January as lead prosecutor in the trial of media tycoon Jimmy Lai Chee-ying and eight others over their alleged roles in an anti-government rally in 2019.

British foreign secretary Dominic Raab had accused Perry of handing Beijing a public relations victory by agreeing to take part in the trial, which is unrelated to the new law. Raab said he would consult Robert Reed, the president of Britain’s Supreme Court and also one of the 14 jurists, on whether British judges should continue to act as non-permanent judges in Hong Kong. The issue was brought to debate this week after MPs raised their “concerns” to Reed in a regular meeting.

Lord Jonathan Sumption.


But Sumption argued such calls were unrelated to judicial independence or the rule of law. Rather, they were an attempt to press British judges to “participate in a political boycott designed to put pressure on the Chinese government to change its position on democracy”, he said.

“The national security law has split opinion in Hong Kong down the middle,” Sumption, who formerly served as a judge for the British Supreme Court, wrote in the commentary published on Thursday. “But it contains express guarantees of human rights, including freedom of the press and the right of protest. The panels of judges authorised to hear cases under it have been drawn up on a non-contentious basis in consultation with the chief justice. The best guarantee that [these provisions] will be respected is an independent judiciary. The least that Britain can do now is to avoid undermining it.”

Cheng said she supported Sumption’s remarks that the “permanent judiciary of Hong Kong is completely committed to judicial independence and the rule of law”, and “[the] Chinese and Hong Kong governments have so far done nothing to interfere with the independence of the judiciary”.

“Hong Kong’s judicial independence is premised on the solid infrastructure that has been laid down primarily in the Basic Law – the security of tenure, the immunity of judges, the non-revolving door, and importantly the expressed provision in Article 85 of the Basic Law that guarantees judicial independence, free from any interference,” she said.

Cheng added that the oath taken by all judges required them to safeguard the law and administer justice, without fear or favour, and also adjudicate cases independently and impartially.

Reed told the British parliament on Wednesday he would consider quitting the Court of Final Appeal “if there’s any undermining of the independence of the Hong Kong judiciary or if it’s expected to act contrary to rule of law, or it’s simply the situation in Hong Kong became one where we could no longer in good conscience serve there”.

Legal scholars in Hong Kong said having foreign judges on local courts promoted confidence in the judicial system at a time of political turmoil, although some added they understood why jurists might want to stop serving a jurisdiction undergoing fundamental changes.


The participation of overseas judges was laid down in the Basic Law and the treaty that Chinese and British leaders signed in 1984 covering sovereign and administrative matters for Hong Kong after the colony was handed back to Beijing. Professor Albert Chen Hung-yee, a member of the Basic Law Committee, said the original aim of the arrangement was to ensure the city’s legal development kept pace with other common law jurisdictions, which would bolster confidence in the system both at home and abroad.

“The continued presence of overseas judges in the Court of Final Appeal is consistent with this original intent,” said Chen, who teaches constitutional law at the University of Hong Kong (HKU).

National security cases made up only a fraction of court cases, he noted, arguing that even its critics could still recognise that adjudicating other cases according to best international practice served the interests of Hong Kong and the global community.

Michael Davis, a former HKU law professor, said picking only local judges to hear national security cases might undermine confidence in the courts and using jurists from overseas could help remedy the problem.

Davis said he understood some judges might choose to resign “to indicate a clear objection to the threat to human rights under the national security law”, but others might want to stay and resist the application of legal principles that offended such rights. “It is absolutely important to continue to have foreign judges in Hong Kong,” he said.

HKU Associate Law Dean Simon Young Ngai-man said the city’s top court had functioned efficiently and smoothly in both good times and bad because of its distinguished jurists.

“There is no other court in the world like ours,” he said. “There is considerable public confidence in the court, even after the national security law. But all of this could change if the overseas judge were to make an exit.

“All courts in the world from time to time need to consider difficult legislation that impinges on fundamental rights. The common law provides the necessary tools to think objectively and rationally about such laws so that they can be applied in a fair and reasonable manner in a free society.”

Philip Dykes, former chairman of the Bar Association, predicted the service of British judges on the Court of Final Appeal would continue to generate controversy while London considered Beijing to be in breach of the joint declaration.

“However, all judges are bound by the current judicial oath which requires them to serve ‘conscientiously, dutifully … and administer justice without fear or favour, self-interest or deceit’,” he said. “Foreign judges will abide by that oath until such time as they believe that they cannot honour it. They will not be influenced by the ‘noise’ of media commentary.”

Former director of public prosecutions Grenville Cross agreed the presence of highly experienced judges from other jurisdictions in the Court of Final Appeal was deeply beneficial for Hong Kong. He suggested that if some were no longer available, local judges from the list of non-permanent ones could take their place.

The security law highlighted a commitment to human rights, which included the rights of criminal suspects, he noted.

“These fair-trial guarantees are, therefore, unequivocal, and indicate that no judge, whether local or from abroad, need have any qualms over trying national security law offences,” he said.

Newsletter

Related Articles

0:00
0:00
Close
China’s Kimi Launches AI-Focused Credit Card With Agricultural Bank of China and American Express
UK Residents Gather to Watch Rare Partial Solar Eclipse
Reform UK Deputy Leader Richard Tice Faces Criticism Over Legal Threat Against Guardian Journalist
Michael Forsyth Elected Speaker of the House of Lords
Cambridge Researchers Launch £20 Million Human Organoid Drug Testing Programme
Heathrow Loses European Passenger Traffic Lead to Istanbul Airport
Households Near New UK Electricity Pylons to Receive £250 Annual Energy Bill Discount
UK Government Estimates Zero-Hours Contract Ban Could Cost Employers Up to £3 Billion a Year
Robert Jenrick Leaves Conservatives for Reform UK in Major Parliamentary Defection
UK Police Chiefs Urge Government to Block Early Release of Andrew Harper Killers
UK Government Holds Emergency Cobra Meeting as Drought and Heatwave Raise Wildfire Risks
Former Labour Adviser Arrested on Suspicion of Spying for China Held Privileged Access as Top Party Donor
Turkish Parliament Passes Landmark Bill Granting Conditional Amnesty to Disarmed PKK Members
Donald Trump Warns FIFA Against Ousting Gianni Infantino Amid Revolt by Global Football Leaders
Jeff Bezos Joins Investor Group Closing In on $6 Billion Liverpool FC Stake
Police Conduct Cross-Border Raids Against Northern England Drug Network
Nicola Sturgeon Protested at Edinburgh Festival Fringe Event
Major UK Retail Chain Enters Administration With One Hundred Fifty-Four Stores Set to Close
Heathrow Renews Call for Runway Expansion After Losing Europe’s Busiest Airport Ranking
Government Condemns One Million Pound Thames Water Executive Bonus Amid Drought
NHS England Says More Than One Hundred Thousand Hepatitis C Patients Have Been Cured
UK Foreign Secretary Ed Miliband Calls for End to West Bank Settler Violence
UK Prepares for Deepest Partial Solar Eclipse Since Nineteen Ninety-Nine
UK Heatwave Triggers Amber Health Alerts as Economic Losses Reach Four Point Four Billion Pounds
UK Offers Electricity Bill Discounts to Communities Hosting New Power Infrastructure
Bank of England Expected to Hold Interest Rates at Three Point Seven Five Percent
UK Government Moves to Ban Subscription Traps and Misleading Retail Discounts
Andy Burnham Gives Councils New Powers to Block Betting and Vape Shops
UK Councils to Receive Sweeping Planning Powers to Ban New Vape and Betting Shops
Nicola Sturgeon Says She Has No Contact With Estranged Husband After SNP Embezzlement Case
Police Arrest Two Men After Aberdeenshire Defense Technology Office Break-In
Greater Manchester Councils Gain Powers to Restrict New Vape and Betting Shops
Coroner Finds Treasury Workplace Failures Contributed to Personal Assistant’s Suicide
English and Welsh Courts Ban Meta Smart Glasses Over Recording and Privacy Risks
Strait of Hormuz Disruption Could Double UK Inflation and Trigger Recession, Forecasters Warn
UK Expands Global Talent Visa Scheme to Support Research-Intensive Companies
UK Equity Funds Suffer Record One Point Six Billion Pound Outflow Amid Capital Gains Tax Fears
Three-Quarters of England Enters Drought as Fifth Summer Heatwave Raises Economic Risks
UK Hiring Stabilizes for First Time Since 2022 as Employers Adjust to Higher Payroll Costs
UK Chancellor Orders Whitehall Spending Cuts as Public Debt Exceeds Three Trillion Pounds
UK Manufacturing Output Records Fourth Straight Month of Growth
UK Condemns Russian Torture of Ukrainian Prisoners and Recruitment of Foreign Nationals
Long-Lost Royal Navy Warship HMS Tiger Found in English Channel After 118 Years
Northern Ireland Finance Minister Seeks Urgent Treasury Talks Over Regional Budget Pressures
UK Government Targets Subscription Traps and Misleading Discounts in New Consumer Rules
Alleged Cartel Boss Daniel Kinahan Extradited From Dubai to Face Criminal Charges
AI Chatbots Challenge Traditional News Consumption and Raise Job Concerns
Andy Burnham Government Promises Crackdown on Exploitative Business Practices
UK University Funding Model Faces Growing Pressure From Unsustainable Student Debt
Government Urged to Subsidise Energy Bills for Vulnerable UK Households
×