Latest news with #CourtofFinalAppeal


HKFP
5 days ago
- Politics
- HKFP
Hong Kong justice minister downplays departure of foreign judges, says numbers ‘not main point'
Hong Kong's justice chief has downplayed the departure of foreign judges in recent years, saying it is not about their numbers but whether the judges have 'a good international reputation.' Secretary for Justice Paul Lam told Cable News in an interview published on Monday that the city's foreign judges system was still effective. 'There are new [foreign] appointed judges who are willing to join. Would you say [the system] is useless?' Lam said in Cantonese. 'If they think they wouldn't make any contribution if they were to come here, [I] believe they would not come to Hong Kong to help,' he added. The top official's comments follow a recent exodus of foreign judges from the city's top court. The most recent departure was former Australian justice Robert French, who resigned in April and said the role of foreign judges in the court had become 'arguably cosmetic.' In June, a New Zealand judge, William Young, joined the city's Court of Final Appeal (CFA). There are currently six overseas judges in the top court, compared with 15 at its peak. Lam told Cable News that the number of foreign judges was 'not the main point.' 'It's about what type of people come, and whether they have a good international reputation,' he said. The justice minister also dismissed Hong Kong's fall in the global rule of law index. 'Regarding human rights and freedoms, I believe that their ranking of Hong Kong… does not reflect the actual situation. This might be an issue of external perception,' he said, adding that Western countries often did not have a 'comprehensive' judgement of Hong Kong. Top court exodus Since the CFA's establishment in 1997, it has sporadically extended invitations to judges from other common law jurisdictions to join its panel. This practice has been regarded as a testament to the international community's trust in the city's judicial system. Last year, however, the apex court lost five judges. Anthony Murray Gleeson from Australia did not renew his term when it ended in February 2024, citing old age; UK judges Jonathan Sumption and Lawrence Collins quit in June 2024 before their terms ended; while Canada's Beverley McLachlin and the UK's Nicholas Phillips did not extend their terms. Sumption wrote an opinion piece for the Financial Times just days after his resignation, saying Hong Kong was 'slowly becoming a totalitarian state.' Judges operate in an 'almost impossible political environment created by China,' he said. Before the recent string of departures, two British judges in 2022, Robert Reed and Patrick Hodge, quit the CFA, citing the erosion of political freedoms.


Tatler Asia
09-06-2025
- Politics
- Tatler Asia
How a billion-dollar dowry led Gigi Chao to fight for everyone's right to wed and why marriage equality in Hong Kong could finally be within reach
To be true to oneself is very important and it's crucial to a person's success as a human being - Gigi Chao - It was 2012 when Cecil Chao made that offer; since then, there has been greater acceptance of non-heterosexual couples in Hong Kong, with several significant milestones. In 2018, the QT Spousal Visa case ruled that denying dependent visas to same-sex spouses was discriminatory. The following year, the Court of Final Appeal ruled in favour of Angus Leung, a gay civil servant who had married his husband in New Zealand, affirming that the government must extend spousal benefits and joint tax assessment to same-sex couples. Above Gigi Chao founded non-profit organisation Hong Kong Marriage Equality in 2019 (Photo: Amanda Kho for Tatler Hong Kong) That same year, Chao founded Hong Kong Marriage Equality, a non-profit organisation dedicated to advocating for full legal recognition of non-heterosexual marriages in Hong Kong. 'Marriage equality is urgent and important because it actually saves lives. To be able to participate in the traditions of your family and to have the blessings of previous generations is important to the dignity of the individual and for one's mental health,' says Chao. 'When there's uncertainty, when there are things hanging in the air and they don't clear, it's a huge burden on mental health. To give hope and dignity to that diversity that is human beings—marriage equality saves lives and it's crucial to society moving forward.' In 2023, another breakthrough came: the Court of Final Appeal ruled that denying equal inheritance rights to same-sex couples was unconstitutional—a decision upheld in November 2024. 'We really look forward to the government codifying the rights [outlined in these judgments] into a clearer structure so that non-heterosexual couples have clarity and can better plan their lives,' says Chao. See also: Gigi Chao on learning from the younger generation, making business fun and cutting through the noise Anything important [or] worth doing in life is never easy and never straightforward - Gigi Chao - Yet the one big milestone for which Chao's organisation was founded remains unmet. 'We want full marriage equality,' she says. 'We want full equality between heterosexual couples and non-heterosexual couples ... And I think we are slowly getting there,' she says, referencing Thailand's passing of its marriage equality bill in June 2024, which came into effect in January this year. 'We want to see that available to people in Hong Kong—instead of [them] having to fly to Thailand—and reflected in the laws in Hong Kong. 'That's been the sole and only aim of Hong Kong Marriage Equality.' It may have been a long road, but Chao is positive, and says she believes that 2025 'will be a major year for the whole of the LGBTQ+ community'. Above Hong Kong Marriage Equality and Playback Concept have collaborated on Proud Pair to reshape a tradition to be more inclusive for diverse gender groups (Photo: Hong Kong Marriage Equality) 'I think anything important [or] worth doing in life is never easy and never straightforward. It takes the effort of everyone involved and it takes time, especially when you're talking about an institution as important as marriage,' she says. 'I'm optimistic but at the same time I'm cautious of the fact that there are multiple opinions across the board. [It's about] how we provide channels of communication so that everyone understands that this is for the greater good.' Most recently, Chao has been working to make marriage as it currently stands more inclusive. Weddings, and particularly Chinese ones, are full of traditions, many of which are centred around heteronormative assumptions. One tradition sees the bride presented with gold jewellery, usually by the groom's family, that includes a pair of bangles featuring a dragon and a phoenix—where the former represents the groom and the latter the bride—symbolising prosperity and good wishes, with the two powerful forces reflective of the union. Above Hong Kong Marriage Equality and Playback Concept's Proud Pair series includes Double Dragon and Double Phoenix designs, allowing elder relatives to express support and blessing for non-traditional marriages (Photo: Hong Kong Marriage Equality) Above The Proud Pair designs preserve cultural motifs while representing auspiciousness regardless or gender or sexual orientation (Photo: Hong Kong Marriage Equality) 'Traditional dragon and phoenix bracelets are designed with one dragon and one phoenix. While the symbolism is beautiful, it fails to address the needs of diverse gender groups,' says Chao, whose Hong Kong Marriage Equality partnered with Hong Kong jewellery brand Playback Concept to introduce Proud Pair, bangles that incorporate traditional motifs in a Double Dragon or Double Phoenix set, allowing elder relatives to express their support and blessings for non-traditional marriages. 'Through the Proud Pair, we hope to redefine the meaning of dragon and phoenix bracelets, making them a testament to all types of love and promoting marriage equality.' Marriage equality is urgent and important because it actually saves lives. To be able to participate in the traditions of your family and to have the blessings of previous generations is important to the dignity of the individual and for one's mental health - Gigi Chao - For Gigi Chao, whose days are split between helming the family business and her advocacy work, the fight for marriage equality remains core. 'One's hope for the future is important. And that's what marriage equality stands for and that's what we should fight for—for our youth and for the next generation.' Front & Female Changemakers celebrates the extraordinary journeys of inspiring women who have emerged as powerful changemakers in a range of fields, offering a glimpse into their lives and showcasing their courage, vision and relentless pursuit of change and progress. From social entrepreneurs and business leaders to educators, artists, activists and scientists, Front & Female changemakers exemplify the ability to challenge the status quo and demonstrate the power of women to effect change.


NDTV
05-06-2025
- Politics
- NDTV
Hong Kong Appoints New Zealand Judge To Top Court
Quick Read Summary is AI generated, newsroom reviewed. A New Zealand judge has been appointed to Hong Kong's top court amid overseas jurist exodus. William Young, 73, joins five other overseas non-permanent justices from the UK and Australia. Hong Kong invites overseas judges to its Court of Final Appeal to uphold common law jurisdiction. Hong Kong: A New Zealand judge has been appointed as a justice of Hong Kong's top court, after a years-long exodus of overseas jurists following Beijing's imposition of a sweeping security law on the finance hub. Hong Kong's lawmakers on Wednesday approved the appointment of William Young, 73, to join five other overseas non-permanent justices from the UK and Australia. Hong Kong is a common law jurisdiction separate from mainland China and invites overseas judges to hear cases at its Court of Final Appeal. Their presence has been seen as a bellwether for the rule of law since the former British colony was handed back to China in 1997. Beijing passed a national security law on Hong Kong in 2020, following huge and often violent pro-democracy protests in the Chinese city the year before. Since then, several overseas judges have quit the Court of Final Appeal without finishing their terms, while others have not renewed their appointments. The lineup of overseas judges has gone from 15 at its peak down to five, not including Mr Young. The newly appointed justice, who retired from his role as a New Zealand Supreme Court judge in April 2022, is expected to start in Hong Kong this month. Hong Kong leader John Lee accepted a recommendation to appoint Mr Young in May and praised him as "a judge of eminent standing and reputation". Cases at the top court in Hong Kong are typically heard by a panel of four local judges and a fifth ad hoc member, who may be a foreign judge. In January, Hong Kong's chief justice said recruiting suitable overseas judges "may be less straightforward than it once was", given geopolitical headwinds. The government has defended the security law as necessary to restore order after the 2019 protests and said the city remains a well-respected legal hub.


HKFP
05-06-2025
- Politics
- HKFP
Hong Kong lawmakers endorse New Zealand judge for top court
A New Zealand judge has been appointed as a justice of Hong Kong's top court, after a years-long exodus of overseas jurists following Beijing's imposition of a sweeping security law on the finance hub. Hong Kong's lawmakers on Wednesday approved the appointment of William Young, 73, to join five other overseas non-permanent justices from the UK and Australia. Hong Kong is a common law jurisdiction separate from mainland China and invites overseas judges to hear cases at its Court of Final Appeal. Their presence has been seen as a bellwether for the rule of law since the former British colony was handed back to China in 1997. Beijing passed a national security law on Hong Kong in 2020, following huge and often violent pro-democracy protests in the Chinese city the year before. Since then, several overseas judges have quit the Court of Final Appeal without finishing their terms, while others have not renewed their appointments. The lineup of overseas judges has gone from 15 at its peak down to five, not including Young. The newly appointed justice, who retired from his role as a New Zealand Supreme Court judge in April 2022, is expected to start in Hong Kong this month. Hong Kong leader John Lee accepted a recommendation to appoint Young in May and praised him as 'a judge of eminent standing and reputation'. Cases at the top court in Hong Kong are typically heard by a panel of four local judges and a fifth ad hoc member, who may be a foreign judge. In January, Hong Kong's chief justice said recruiting suitable overseas judges 'may be less straightforward than it once was', given geopolitical headwinds. The government has defended the security law as necessary to restore order after the 2019 protests and said the city remains a well-respected legal hub.


The Star
05-06-2025
- Business
- The Star
Hong Kong bolsters top court with first foreign judge in a year
HONG KONG: Hong Kong has appointed a retired New Zealand judge to its top court, the first foreign justice named to the appellate body in over a year following record resignations that threatened to undermine confidence in the judicial system. The city's lawmakers on Wednesday (June 4) approved William Young's (pic) appointment as a non-permanent judge at the Court of Final Appeal. The move partly restores overseas judges who quit after Beijing imposed a national security law and curbed political freedoms. The addition of Young, who retired from New Zealand's Supreme Court in 2022, will bring the number of foreign judges in the financial hub to six, compared with 15 in 2019. Their presence has long been seen as a selling point for foreign companies looking to do business in the former British colony, which has kept its own judiciary since returning to Chinese rule. Hong Kong Chief Executive John Lee, who accepted an advisory body's recommendation to appoint Young last month, praised his "eminent standing and reputation.' "Their participation demonstrates a high degree of confidence in the Hong Kong Special Administrative Region's judicial system, and enables Hong Kong to maintain strong links with other common law jurisdictions,' Lee said of the bench of foreign judges in a statement at the time. Young joins Australian James Allsop, who was appointed last year. Since Beijing announced the national security law in 2020, about half of the CFA's 15 overseas justices from a 2019 peak have either resigned or chosen not to renew their terms. Several, including UK judges Jonathan Sumption and Lawrence Collins, have openly cited political reasons for their departures. In January, Chief Justice Andrew Cheung acknowledged that recruiting suitable overseas judges has become "less straightforward' due to geopolitical headwinds. He maintained, however, that these departures do not signify a weakening of the judiciary's quality or independence. - Bloomberg