Critics naïve over appointment of foreign judges to Court of Final Appeal

The appointment of a second New Zealand retired judge to the city’s Court of Final Appeal (CFA) has shown up just how naive some of the critics can be when commenting on the appointment.
Earlier this month, the Chief Executive John Lee appointed retired New Zealand Judge Sir Terence Arnold as a non-permanent judge to the Court of Final Appeal. He joins fellow New Zealander, William Young who joined the list of foreign judges serving Hong Kong on a part-time basis last year. The pool now consists of two New Zealanders, two Australians and three from the UK.

Sir Terence was Solicitor-General in New Zealand before serving on the country’s Court of Appeal and later on the Supreme Court. His appointment comes in the wake of Australian jurist Sir William Gummow, who passed away in September.

The practice of bringing in eminent overseas jurists to sit on Hong Kong's highest court has historically been seen as a pillar of the city's common law framework and a reflection of its judicial independence.

However, the appointment of retired foreign judges in a non-permanent capacity to Hong Kong’s CFA has had a fair amount of controversy, mainly from the UK. Lord Jonathan Sumption, who shares his place in Westminster Palace with rabid China/Hong Kong hater Lord Chris Patten, the last governor of Hong Kong, has spearheaded this criticism.

Sumption resigned as a non-permanent judge in June, 2024 claiming that Hong Kong was slowly becoming a “totalitarian state” where the rule of law is “profoundly compromised.” This came only three months after then UK Foreign Secretary Liz Truss declared that it was “no longer tenable” for UK Supreme Court justices to sit on the CFA and that their continued presence “would risk legitimizing oppression.”

The UK government, and others from around the world, were reacting to the introduction of China’s national security law in Hong Kong in June 2020. A subsequent local law, the Safeguarding National Security Ordinance (often referred to as Article 23 legislation), was passed by Hong Kong’s Legislative Council in March 2024. This newer ordinance works in tandem with the 2020 law, covering additional offenses such as treason, insurrection, and external interference.

The national security law was enforced in Hong Kong after the city was rocked by violent riots causing death and destruction in 2019-20. Hong Kong was on the brink of anarchy and something had to be done to ensure there is no repeated attempt to disrupt the city.

What Hong Kong and China had done is what any country, except the US, would do under the circumstances. The US appears to condone violence as indicated in the storming of the nation’s Capitol Building in January 2021 and the pardoning of all perpetrators who were jailed for rioting related offences. Also, annual reports from the US State Department’s National Endowment for Democracy (NED) catalogue its funding to organizations involved in the Hong Kong demonstrations and violent riots of 2019-20.

The UK has also recently introduced its own national security laws, which mirror the Hong Kong’s laws. It is in no position to criticize Hong Kong’s security laws when similar laws apply to Britain.

The pressure from the UK government was intense causing other judges from that jurisdiction to resign. But, some remained with six British jurists issuing a joint statement that their “continued participation was in the best interest of the people of Hong Kong.”

Hong Kong’s Chief Executive John Lee sharply rebuked Lord Sumption’s public criticisms, accusing the British government and media of attempting to "weaponize UK judicial influence" against China and Hong Kong.

The integrity of Hong Kong’s legal system remains intact with publication of the World Justice Project released the Rule of Law Index 2026. Hong Kong's overall ranking remains high and unchanged, ranking 6th in East Asia and the Pacific and 24th out of 143 countries and jurisdictions globally. Hong Kong's ranking continues to be ahead of some western countries, including the US, which often unreasonably criticise the rule of law and human rights situation of Hong Kong.

Hong Kong continues to maintain its position within the top 10 globally in respect of "Absence of Corruption" and "Order and Security", with the global ranking in relation to "Order and Security" rising to 7th. This demonstrates that the successive implementation of the Hong Kong National Security Law, the Safeguarding National Security Ordinance and other relevant laws safeguarding national security in the Hong Kong Special Administrative Region has provided better protection for the security of the city and maintains it as an excellent environment for business and investment.

Hong Kong has long been renowned as one of the safest cities in the world and consistently ranked as one of the least corrupt places in the world. Hong Kong has achieved remarkable results in fighting against graft and promoting integrity, as well as preventing and combating crimes. All these have injected strong stability to Hong Kong, fully demonstrating that security is a clear advantage for Hong Kong's development.

Mark Pinkstone

** 博客文章文責自負,不代表本公司立場 **

The successful conclusion of the 2026 Asia-Pacific Economic Cooperation (APEC) Finance Ministers' Meeting (FMM) hosted in Hong Kong last week has provided significant strategic, financial, and reputational benefits to the city, proving it has more to offer than being a mere event economy.

By organizing the 2026 APEC Finance Ministers' Meeting (FMM) for the first time, Hong Kong has successfully reinforced its position as a premier global hub and a critical bridge between mainland China and the international market. It is the world’s freest economy according to the Fraser Institute and third, by one point after London, as the global financial centre and lead in the Asia-Pacific region by the Global Financial Centres Index.

At the opening ceremony, China’s Minister of Finance, Lan Fo'an noted that all economies should seize the opportunities of digital and green transformation, promote innovative cooperation such as artificial intelligence, the digital economy, green and low-carbon development, and cultivate new growth drivers. All economies, he said, should deepen practical co-operation in fiscal and financial fields, foster an open regional economic environment, maintain the stability and smooth flow of industrial and supply chains, and advance regional economic integration.

More than 500 delegates from all 21 APEC member economies converged on the city immediately after the Chung Yeung festival to discuss economic problems that have plagued the region as well as paving the way forward for closer cooperation. All finance members were present except for the US where Treasury Undersecretary Erin Browne deputised for Treasury Secretary Scott Bessent, who is preparing for President Donald Trump’s forthcoming APEC CEO Summit in Shenzhen next month.

The CEO Summit in Futian, eastern Shenzhen next month will be attended by world leaders including Trump, Chinese President Xi Jinping and Russian President Putin. These important APEC meetings being held in southern China demonstrates the Greater Bay Area’s global synergy.

China is the host of APEC 2026. The FMM, being hosted by the Ministry of Finance and held in Hong Kong under the arrangements and organisation of the HKSAR Government, is a key component among a series of APEC meetings this year. Through the FMM, Hong Kong has demonstrated to participating economies and the international community its comprehensive development across economic, financial, and social sectors, leveraging its distinctive advantages of enjoying strong support of the mainland and being closely connected to the world. The FMM has also deepened cooperation with other APEC members, fully showcasing Hong Kong's role as a "super connector". The APEC members are Hong Kong’s “circle of friends” with which it already close trade relations.

Under its unique "one country, two systems" principle of governance, Hong Kong enjoys both the China advantage and the global advantage. Hong Kong is the only common law jurisdiction in China to have a legal and regulatory regime similar to most of the world's top financial hubs. It is the super connector and super value adder linking China with the rest of the world.

As a founding member of the World Trade Organization, Hong Kong champions free trade and maintains a zero-tariff policy, a simple and low tax regime, and a stable, secure, fair and predictable business environment for a world of investors and professionals.

For Hong Kong, the FMM significantly improved foreign business and political leaders' attitudes toward the city. Delegates left with a positive outlook on the city’s economic direction and ongoing development. The meeting allowed Hong Kong to showcase its thriving investor ecosystem, where roughly 35 per cent of capital flows originate from the US, Europe, and the Middle East, and another 25 per cent from the mainland.

Amid rising global interest rates, the forum gave Hong Kong a prime opportunity to promote its competitive “dim sum” bond market, which refers to the Renminbi (RMB)-dominated bonds issued in Hong Kong. Analysts noted that with lower yields on offshore yuan bonds compared to standard US Treasuries, the city leveraged the FMM to attract more Asia-Pacific sovereign debt issuers.

In the words of Chief Executive John Lee at the APEC welcome dinner: “We are committed to strengthening Hong Kong's role as a global offshore RMB business hub, an international asset and wealth management centre, and an international risk management centre.”

To allow delegates to further appreciate Hong Kong's cultural heritage and unique charm as an international metropolis, a diverse range of experiential and cultural activities and visits, incorporating elements of Chinese culture and Hong Kong's distinct character, were arranged for members of delegations.

By acting as the operational host for China's APEC 2025/2026 chair year, Hong Kong perfectly demonstrated its dual advantage: enjoying strong structural support from the mainland while remaining seamlessly connected to global systems. The event accelerated regional capital flow discussions and paved the way for the upcoming APEC Leaders' Meeting in Shenzhen.