Any esteemed judge from a common law jurisdiction can be invited to join the Hong Kong Court of Final Appeal. This includes judges from Canada, Australia, United Kingdom, New Zealand and Singapore.
As of January 2025, there are six overseas non-permanent judges. Lord David Neuberger and Lord Leonard Hoffmann from the United Kingdom, and James Allsop, Patrick Keane, William Gummow, and Robert French from Australia.
The evidence indicates that overseas non-permanent judges are actively contributing to the crackdown in Hong Kong. It is one thing to be a silent bystander to the politically motivated trials of pro-democracy activists, it is another to actively serve on these cases. Since the 2019-2020 Hong Kong democracy protests, several foreign judges have sat on the appeals of pro-democracy activists and voted to reinstate the convictions of peaceful protestors. This includes the 2024 appeal of Jimmy Lai in an unlawful assembly trial where Lord Neuberger voted to keep the 77-year old’s sentence for attending a peaceful protest, stating that his “crime” was proportional to an astonishing nine-month sentence.