London Daily

Focus on the big picture.
Saturday, Mar 14, 2026

Hong Kong justice minister says there are no grounds to bar foreign judges from ruling on national security cases, but a special court could help

Teresa Cheng says it would be ‘strange’ to prevent a foreign judge from sitting on such cases. If a special court is set up, judicial independence must be preserved, she adds

Hong Kong’s justice minister says there are no grounds to bar foreign judges from ruling on national security cases, but the city could benefit from setting up a special court to try people over seditious crimes.

The suggestion to make judges recuse themselves based on their nationality was “strange”, Secretary for Justice Teresa Cheng Yeuk-wah said, as it deviated from the former British colony’s long-established norm, now preserved by its mini-constitution, the Basic Law.

But she urged people not to jump to a conclusion too quickly about the possibility of a special court.

Cheng said having a special court could help the judiciary navigate uncharted territory, but such a court should preserve its independence and transparency.

In an interview with the Post, Cheng weighed in on the two suggestions floated by Hong Kong’s pro-establishment figures when they joined officials in Beijing last week to pass a motion to enact the national security law to “prevent, stop and punish” acts and activities amounting to secession, subversion, terrorism and foreign interference in the city.

The move sparked concerns over the city’s freedoms and human rights, and raised questions as to how mainland Chinese law could be adopted in its common law jurisdiction.

Article 23 of the Basic Law requires the Hong Kong government to enact its own national security law, but that article has been in abeyance since 1997.

In 2003, the government was forced to shelve a national security bill after an estimated half a million people took to the streets to oppose the legislation amid fears it would curb their rights and freedoms.

Some members of Hong Kong’s pro-establishment camp are looking to an arrangement in neighbouring Macau, which was formerly under Portuguese administration. Non-Chinese judges there are barred from presiding over national security-related cases, as required by their own version of legislation.

Foreign judges have been presiding over all levels of courts in Hong Kong as part of its common law tradition. Justices from overseas jurisdictions sit on the Court of Final Appeal on a rotational basis, flying in to take up one of the five seats on the city’s highest court.

An earlier report, quoting people familiar with the legislation, suggested the new security law could ban non-Chinese judges. But the opposition camp and some heavyweights from the pro-establishment camp argued against it, including former vice-chairwoman of the Basic Law Committee Elsie Leung Oi-sie, who was the secretary of justice from 1997 to 2005.

Cheng said the Basic Law required Chinese nationality for only two judicial posts – the chief justice and the chief judge of the High Court.

“It would be strange that you can prevent a foreign judge from sitting on [cases related to national security],” she said. But she urged people to keep an open mind about a special court.

Cheng said such a court could make the judiciary more efficient by allowing judges to have a better understanding of specific legal issues. She said such courts already existed in other jurisdictions, adding: “If a special court is to be set up, judicial independence must be preserved and maintained.”

She noted that in cases concerning national secrets, judges might at times find it appropriate not to make trials open to the public, but there was nothing new in that. There were already existing principles allowing judges to decide when a case, concerning sensitive details, should be heard “in camera”– or behind closed doors.

Hearings concerning national security should generally be made accessible to the public, Cheng said.




Newsletter

Related Articles

0:00
0:00
Close
Middle East War Highlights Strategic Importance of Strong UK–Ireland Cooperation
Weak Growth Signals UK Economy Was Faltering Even Before Middle East Energy Shock
Marks & Spencer Tops UK Fashion Retail Rankings as Most Considered Brand
United States Launches Trade Investigation Into Allies Over Forced Labour Practices
United States Launches Trade Investigation Into Allies Over Forced Labour Practices
Russia Accuses Britain Over Storm Shadow Strike as London Reaffirms Ukraine’s Right to Self-Defence
Russia Accuses Britain Over Storm Shadow Strike as London Reaffirms Ukraine’s Right to Self-Defence
Royal Navy to Acquire Twenty Uncrewed Surface Vessels for Autonomous Warfare Testing
Russia Summons British and French Envoys After Ukrainian Storm Shadow Strike on Strategic Facility
Starmer Confirms Britain Will Maintain Sanctions on Russia Despite U.S. Policy Shift
UK Moves to Refine AI Definition in Investment Security Reform
UK Economy Stalls in January as Growth Unexpectedly Falls to Zero
Asian Energy Security Tested as Strait of Hormuz Disruption Threatens Oil Supplies
Iran Sets Three Conditions for Ending Regional War as Diplomatic Efforts Intensify
Tesla Secures Approval to Supply Electricity Directly to Homes Across Britain
Prince William Delivers Tribute to Australia’s Naval Alliance Amid Renewed Royal Spotlight on the Country
UK Foreign Secretary Travels to Saudi Arabia to Reinforce Support for Regional Allies
Putin’s ‘Hidden Hand’ May Be Assisting Iran in Conflict With Trump, UK Defence Secretary Warns
UK Sets April Deadline for Tech Platforms to Strengthen Online Protections for Children
Elon Musk Moves Into Britain’s Energy Market as Tesla Wins Licence to Supply Power
UK Watchdog Warns Fuel Retailers Against Profiteering Amid Iran War Price Surge
Report Claims Iran Used UK Charity Network to Expand Influence
United States and United Kingdom Establish Joint Standards for Counter-Drone Technology
Iran May Be Laying Naval Mines in Strait of Hormuz, UK Warns Amid Escalating Gulf Tensions
US Deploys Bunker-Buster Bombs to UK Airbase as Iran Conflict Intensifies
British Troops in Iraq Intercept Iranian Drones Targeting Coalition Base
Release of Mandelson Files Raises Tensions as UK Seeks Stable Relations With Donald Trump
UK Documents Reveal Starmer Was Warned About Mandelson’s Epstein Links Before Ambassador Appointment
Nearly Five Hundred UK Mortgage Deals Withdrawn in Two Days as Market Volatility Forces Lenders to Reprice
Three Cargo Ships Hit Near Iran as Attacks Spread to Strategic Strait of Hormuz
Why British Police Repeatedly Declined to Investigate Jeffrey Epstein’s UK Links
UK Parliament Ends Hereditary Seats in House of Lords, Closing Chapter on Centuries of Aristocratic Lawmaking
EU and UK Urge Israel to Act Against Rising West Bank Settler Violence Amid Regional Tensions
US Senator John Kennedy Says Keir Starmer Should Not Be Trusted for Military Advice Amid Iran War Debate
UK High Court Rejects Attempt to Revive Terrorism Charge Against Kneecap Rapper
Revolut Secures Full UK Banking Licence After Multi-Year Regulatory Wait
Kentucky’s Bench Boost Powers Wildcats Past LSU in SEC Tournament Opener
British Couple Die After Being Pulled From Water at Australian Beach During Family Visit
Global Energy Agency Announces Record Release of 400 Million Barrels to Stabilize Oil Markets Amid Hormuz Disruption
British Airways Suspends UK Repatriation Flights as Middle East Travel Disruption Deepens
US Forces Prepare Ordnance at RAF Fairford as Strategic Bombers Deploy for Middle East Operations
Nigel Farage Faces Criticism After Saying Britain Should Stay Out of Iran War
Landmark UK Trial Begins Over Sony’s PlayStation Store Pricing
UK High Court Rejects Bid to Challenge Britain’s Chagos Islands Agreement With Mauritius
Finnish Duo Triumphs in England’s Annual Wife-Carrying Race, Winning a Barrel of Ale
How U.S. and UK National Security Strategies Are Reshaping the Global Business Landscape
Green Party Gains Momentum as Labour Shifts Toward the Political Centre
Royal Navy Destroyer HMS Dragon Sets Sail for Eastern Mediterranean as Regional Tensions Rise
UK Homebuilder Persimmon Warns Iran Conflict Could Dent Property Buyer Confidence
Roman Abramovich Signals Legal Fight if UK Seeks to Seize Chelsea Sale Funds
×