Australian judge William Gummow to stay on Hong Kong's top court for 3 more years

HKFP

7 days ago

Australian justice William Gummow has extended his term as a visiting foreign judge on Hong Kong's top court for another three years, following a wave of resignations by his peers after Beijing's national security law came into force.
Gummow will remain on the Court of Final Appeal (CFA) as a non-permanent judge from another common law jurisdiction until July 2028, the Judiciary announced on Friday.
Non-permanent Hong Kong judges Frank Stock and Patrick Chan have also extended their terms by three years, with their new appointments beginning on September 1 and October 21, respectively.
Their appointments were approved by Chief Executive John Lee, following a recommendation by Chief Justice Andrew Cheung, the top judge of the CFA.
Since its establishment in 1997, the CFA has periodically invited judges from other common law jurisdictions to serve on its panel.
The practice has long been seen as a vote of confidence from the international community in Hong Kong's judicial system, bolstering the city's reputation as a global financial and business hub.
However, in recent years, the presence of overseas judges has come under scrutiny amid a wave of resignations following the introduction of the national security law in June 2020. The UK has also considered pulling its judges from Hong Kong's top court.
Last month, Hong Kong's legislature approved the appointment of 73-year-old William Young from New Zealand as a non-permanent judge on the Court of Final Appeal, joining five other overseas judges from the UK and Australia. His profile has yet to appear on the court's official website.
'Cosmetic'
In April, Australian judge Robert French resigned from Hong Kong's top court, saying the role of overseas non-permanent judges on the CFA had become 'increasingly anachronistic and arguably cosmetic.'
He was the sixth foreign judge to depart Hong Kong's highest court since the start of last year.
French said he continued to respect both local and overseas judges who remain on the bench for their integrity and independence. He also rejected claims that foreign judges were 'complicit' in enforcing the national security law or that their presence lent it 'spurious legitimacy.'
Beijing inserted national security legislation directly into Hong Kong's mini-constitution in June 2020 following a year of pro-democracy protests and unrest. It criminalised subversion, secession, collusion with foreign forces and terrorist acts – broadly defined to include disruption to transport and other infrastructure. The move gave police sweeping new powers and led to hundreds of arrests amid new legal precedents, while dozens of civil society groups disappeared. The authorities say it restored stability and peace to the city, rejecting criticism from trade partners, the UN and NGOs.