Foreign Judges and Hong Kong’s New National Security Law

(2020) 25(2) Commonwealth Judicial Journal 27-33

11 Pages Posted: 23 Nov 2020 Last revised: 11 Dec 2020

See all articles by Anna Dziedzic

Anna Dziedzic

The University of Hong Kong - Faculty of Law; University of Melbourne - Melbourne Law School

Date Written: October 5, 2020

Abstract

Foreign judges have had a longstanding role on Hong Kong’s Court of Final Appeal. In 2020, this tradition faced significant challenges, as the People’s Republic of China enacted a new National Security Law for Hong Kong. This short article examines the implications of the new law for the foreign judges on Hong Kong’s Court of Final Appeal. It tracks the debates about the potential exclusion of foreign judges from hearing national security cases and the difficult question of judicial resignations. The article explains how these issues take on greater significance because of the distinctive rationale for the use of foreign judges in Hong Kong, where foreign judges are understood to signify the distinctiveness of Hong Kong’s legal system as well as its quality.

Keywords: Foreign Judges, Hong Kong, Judicial Resignation

Suggested Citation

Dziedzic, Anna, Foreign Judges and Hong Kong’s New National Security Law (October 5, 2020). (2020) 25(2) Commonwealth Judicial Journal 27-33, Available at SSRN: https://ssrn.com/abstract=3705123 or http://dx.doi.org/10.2139/ssrn.3705123

Anna Dziedzic (Contact Author)

The University of Hong Kong - Faculty of Law ( email )

Pokfulam Road
Hong Kong, Hong Kong
China

University of Melbourne - Melbourne Law School ( email )

185 Pelham Street
Melbourne, VIC 3010
Australia

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