Chief Justice Andrew Cheung of Hong Kong has staunchly defended the city’s rule of law, asserting the independence of its courts amidst international scrutiny. Cheung’s remarks come in the wake of high-profile national security cases that have raised concerns about the judiciary’s autonomy.
Upholding Judicial Independence
During the ceremonial opening of the Legal Year 2025, Chief Justice Andrew Cheung emphasized that Hong Kong’s courts are not merely extensions of prosecution authority. He acknowledged the challenges posed by geopolitical tensions, which have complicated the recruitment of foreign judges, leading to the departure of several overseas jurists from the Court of Final Appeal (CFA). Despite these challenges, Cheung maintained that the legal system’s integrity remains intact, grounded in legal principles, precedents, and a robust structure.
International Criticism and Political Pressures
The departure of foreign judges from Hong Kong’s top court has sparked controversy, with some critics alleging a compromise in the city’s rule of law. Cheung condemned the orchestrated harassment and pressures faced by overseas judges, attributing them to the growing politicization of their roles. However, he reiterated that the quality and independence of the judiciary remain unaffected by these departures.
National Security Cases and Legal Principles
In response to criticisms surrounding national security cases, Cheung underscored that such cases are subject to the same legal principles as any other, emphasizing the courts’ role as guardians of the law. Despite the political sensitivity surrounding these cases, judges are bound by legal standards, not influenced by public opinion or prosecutorial authority.
Ensuring Justice and Rights
Victor Dawes, chair of the Hong Kong Bar Association, defended the city’s judiciary against unfair international criticisms, urging the administration to demonstrate respect for citizens’ rights. Dawes emphasized the importance of using national security powers judiciously and proportionately to uphold justice and safeguard individual liberties.
In a complex landscape marked by geopolitical tensions and legal challenges, Hong Kong’s judiciary faces significant scrutiny and pressure. As Chief Justice Cheung and legal experts advocate for judicial independence and adherence to legal principles, the city’s legal system navigates a delicate balance between upholding the rule of law and addressing international concerns. As the debate continues, the future of Hong Kong’s legal landscape remains a topic of intense interest and scrutiny.
