Hong Kong's Court of Final Appeal Sees Another Foreign Judge Depart

The Court of Final Appeal in Hong Kong is experiencing an exodus of foreign judges, with Nicholas Addison Phillips becoming the fifth to leave the bench this year. Phillips, an 86-year-old former chief justice of the United Kingdom's Supreme Court, cited personal reasons for his decision not to extend his term beyond September 30, 2024.

This departure follows the resignations of two senior British judges in June, Jonathan Sumption and Lawrence Collins. Sumption, in an opinion piece for The Financial Times, stated that he resigned due to the "profoundly compromised" rule of law in Hong Kong. Collins cited the city's "political situation" as his reason for leaving.

The exodus of foreign judges raises concerns about the future of Hong Kong's judicial independence, which has long been considered a cornerstone of the city's international reputation. The presence of foreign judges has been seen as a symbol of confidence in Hong Kong's legal system, which is separate from mainland China's opaque, party-controlled system.

However, the recent national security laws enacted in Hong Kong have drawn criticism from Western nations, including Britain and the United States, for further curbing freedoms in the city. These concerns have likely contributed to the decision of foreign judges to leave the bench.

Despite the departures, the Hong Kong judiciary maintains that the majority of serving and departed judges remain confident in the city's judicial independence. Six foreign judges will remain on the Court of Final Appeal following Phillips's departure. However, the ongoing exodus raises questions about the future of Hong Kong's legal system and its ability to maintain its international reputation for independence and fairness.