We campaign for policy action to counter Hong Kong’s rise as a global hub for sanctions evasion and illicit trade with Iran, North Korea, and Russia.

The presence of overseas non-permanent judges from common law countries on the Hong Kong Court of Final Appeal once seemed like a harmless vestige of colonial times. When the British colonial-era ended in 1997, the Hong Kong judiciary invited overseas judges of high eminence to sit on the top court in Hong Kong. These foreign judges were said to bolster Hong Kong’s judiciary by providing international expertise from esteemed common law judges.

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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. 

“Hong Kong is sadly no longer a rule-of-law-compliant city, and trials like that of Jimmy Lai expose the erosion of the legal system in Hong Kong. There should be no more attempts to justify why common law judges should sit on the Hong Kong Courts. They must put their commitment to justice and the rule of law over profit and immediately step down.”

– Alyssa Fong, CFHK Foundation’s former Public Affairs and Advocacy Manager

Our impact

In May 2024, CFHK Foundation published a report entitled “Lending Prestige to Persecution: How Foreign Judges are Undermining Hong Kong’s Freedoms and Why They Should Quit” which was launched in the UK parliament. Our campaign called on all foreign judges to step down from the Court of Final Appeal to stop giving international credibility to the Hong Kong authorities. In June 2024, British judges Lord Collins and Lord Sumption resigned from the Hong Kong Court of Final Appeal. Soon after, Canadian judge Beverley McLachlin said she would not renew her contract. She continues to serve on the Singapore Commercial Court. In August 2024, Lord Neuberger served on the appeal of Jimmy Lai for an unlawful assembly charge. At the time, Lord Neuberger served the Chair of the High-Level Panel of Legal Experts on Media Freedom. This was particularly appalling that a media freedom champion would contribute to the sham trials of another media freedom champion, Jimmy Lai. CFHK Foundation urged Lord Neuberger to save his reputation as a media freedom champion and resign his position from the Hong Kong Court of Final Appeal. Instead, Lord Neuberger resigned from the High-Level Panel of Legal Experts on Media Freedom to focus on his position as a non-permanent judge in Hong Kong. In September 2024, British judge Lord Nicholas Phillips stepped down from the court citing personal reasons. The CFHK Foundation continues to call on the remaining six overseas non-permanent judges to resign from the Hong Kong Court of Final Appeal.

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Work We've Done on Foreign Judges

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CFHK Foundation Condemns British Judge Lord Hoffmann’s Hong Kong Court Contract Renewal

January 10, 2025 – Lord Leonard Hoffmann, the longest-serving overseas judge on the Hong Kong Court of Final Appeal (CFA), has

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British Judge, Lord Phillips, becomes latest foreign judge in Hong Kong to step down

30 September 2024 – Lord Nicholas Phillips has stepped down from the Hong Kong Court of Final Appeal citing “personal

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Lord Neuberger resigns media freedom panel, but chooses Hong Kong repression

15 August 2024 – Today, the Committee for Freedom in Hong Kong Foundation (CFHK Foundation) learned that Lord David Neuberger

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CFHK Foundation Statement on Lord Neuberger supporting Jimmy Lai conviction

12 August 2024 – Today the Hong Kong Court of Final Appeal unanimously dismissed the bid by seven pro-democracy figures including Jimmy

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Canadian Judge Renewed With Singapore Court Before Resigning From Hong Kong Court

TOP NEWS National Post, a Canadian newspaper, reported that Beverley McLachlin renewed her appointment on the Singapore International Commercial Court

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Third Foreign Judge Resigns From Hong Kong’s Highest Court

TOP NEWS Canada’s only judge on the Hong Kong Court of Final Appeal, Beverley McLachlin, said that she will retire

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Foreign Judges Resign From Top Hong Kong Court

TOP NEWS Lord Lawrence Collins of Mapesbury and Lord Jonathan Sumption have resigned their positions from the Hong Kong Court

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British Judges stand down from Hong Kong Courts

6 June 2024 – Following an international campaign, Lord Lawrence Collins of Mapesbury and Lord Jonathan Sumption have resigned their

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‘Lending Prestige to Persecution’: Why Foreign Judges Should Quit Hong Kong’s Top Court

TOP NEWS The Committee for Freedom in Hong Kong (CFHK) Foundation released a report authored by Alyssa Fong, Public Affairs

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CFHK Foundation Releases New Report Detailing how Foreign Judges in Hong Kong Provide Legitimacy to China’s Authoritarian Crackdown and Calling on Them to Resign

14 May 2024 – Today in the British Parliament, the Committee for Freedom in Hong Kong (CFHK) Foundation released a

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Lending Prestige to Persecution: How Foreign Judges are Undermining Hong Kong’s Freedoms and Why They Should Quit

Lending Prestige to Persecution.pdf Introduction   On November 23, 2020, Lord David Neuberger of Abbotsbury joined human rights dignitaries of

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U.S. Congress introduces first-ever sanctions bill targeting Hong Kong judges and prosecutors

2 November 2023 – Today, a bipartisan and bicameral group of lawmakers led by Congresswoman Young Kim (R-CA-40) introduced the

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Former British Supreme Court Judge Gives Face to Hong Kong’s Authoritarian Legal System

Committee News Former British Supreme Court judge Lord Sumption attended the opening of Hong Kong’s legal year. The CFHK Foundation’s

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