Legal Affairs EP13 | Grenville Cross: Foreign judges resign under external pressure, rule of law in HK not undermined

On 30 March this year, Lord (Robert) Reed, President of the Supreme Court of the United Kingdom, resigned from his post as a non-permanent judge of the Court of Final Appeal of Hong Kong, together with his deputy, Lord (Patrick) Hodge. In this episode of Legal Affairs, we invite Grenville Cross, Senior Counsel and former Director of Public Prosecutions of the HKSAR, to discuss the reasons for the success of rule of law in the city.

Cross says the establishment of the Court of Final Appeal is undoubtedly one of HK's greatest achievements over the 25 years since the handover and has made a remarkable contribution to the rule of law in the city. Cross attributes this to the high quality of the judiciary, especially the judges of the Court of Final Appeal.

Cross says that it is a remarkable institutional arrangement that foreign judges continue to serve in the top court after the handover.

"This arrangement is unique in the major common law jurisdictions. It was a great show of faith in HK's legal establishments and an indication of continuity after 1997," he adds.

Currently, HK has foreign judges from four common law jurisdictions, including the UK, Australia, Canada and New Zealand. As to the possibility of bringing in judges from other jurisdictions in the future, Cross says there is no restriction on the nationality of foreign judges according to the Basic Law, so as long as they are of very high quality, they are welcome to serve in HK.

Regarding the resignations of Lord Reed and Lord Hodge, Cross says he is not particularly worried, as he notes that the remaining judges has made clear their faith in serving HK and their ability to achieve this mission not subject to outside interference.

Cross says he recognizes the context in which the two judges resigned. "There has been a campaign for some time in the UK and in the U.S. and elsewhere to pressurize judges to withdraw from the HK Court of Final Appeal. This is partly to undermine 'one country, two systems' and partly to undermine the rule of law in HK," he adds.

By doing so, such foreign forces want to undermine HKSAR's legal system in order to contain China indirectly, Cross points out. "It is reassuring, however, that the 10 remaining judges have expressed absolute commitment and faith in the rule of law in HK," he says.

For more insights, watch the full video now.

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