2025 Legal Year Opening Ceremony Held in Hong Kong

The 2025 Legal Year Opening Ceremony took place yesterday afternoon (20th) at the Hong Kong City Hall, where Chief Justice of the Court of Final Appeal, Andrew Cheung, delivered a keynote speech. In his address, Chief Justice Cheung underscored that judicial independence remains the cornerstone of Hong Kong's rule of law. Despite facing significant challenges in recent years, the judiciary has continued to perform its duties impartially and without bias.

Chief Justice Cheung noted that with the introduction of the Hong Kong National Security Law and the subsequent enactment of local legislation under Article 23 of the Basic Law, a number of politically sensitive cases have attracted considerable attention. He emphasized that national security cases are adjudicated under the same legal principles as other cases. Fundamental safeguards such as the presumption of innocence, the requirement that guilt must be proven "beyond a reasonable doubt," and the right to a fair trial remain steadfast. These principles are explicitly affirmed in Article 5 of the Hong Kong National Security Law and Article 2 of the Safeguarding National Security Ordinance, demonstrating that the courts do not merely pay lip service to these fundamental tenets.

He further explained that Hong Kong's rule of law exists within the unique constitutional framework of "One Country, Two Systems." While national security laws reflect the "One Country" aspect of this framework, the "Two Systems" concept entrusts the courts with the responsibility of applying these laws in a manner consistent with Hong Kong's separate system under the Basic Law, thereby safeguarding national security. Chief Justice Cheung stressed that the protection of fundamental rights is not a simplistic or one-dimensional matter. It often requires a delicate balance between individual freedoms and collective security, as well as between personal rights and national responsibilities. Achieving this balance is no easy task, and the outcomes of individual cases may sometimes be contentious. Moreover, the interpretation and application of newly enacted legal provisions may not always be straightforward. However, he cautioned that while it is one thing to disagree with a specific legal provision or court decision, it is entirely another to claim that the judicial system has been undermined by political expectations or societal pressures.

Chief Justice Cheung pointed out that Hong Kong is a common law jurisdiction with a wide variety of complex cases. The courts' responsibilities extend far beyond politically charged cases. Their day-to-day work involves resolving disputes, protecting rights, and ensuring the proper functioning of Hong Kong society. Focusing solely on high-profile national security or public order cases and drawing narrow conclusions about the state of Hong Kong's rule of law or judicial independence is a misunderstanding of the judiciary's role and responsibilities. It also overlooks the fact that Hong Kong's rule of law continues to operate robustly across a broad spectrum of legal areas, impacting the daily lives and activities of individuals, businesses, and both local and international investors.

In recent months, the departure of several overseas non-permanent judges from the Court of Final Appeal has raised concerns among some observers. Addressing this issue, Chief Justice Cheung acknowledged that escalating geopolitical tensions have had an undeniable impact. He condemned the organized harassment and pressure faced by some overseas judges serving in Hong Kong, noting that such actions highlight how the role of overseas non-permanent judges has become increasingly politicized. He urged observers to consider the broader context of geopolitical tensions when assessing the current situation.

Currently, there are six overseas judges serving on the Court of Final Appeal, two from the United Kingdom and four from Australia. Chief Justice Cheung emphasized that the participation of overseas judges has long been a symbol of Hong Kong's commitment to legal excellence and judicial independence. While it is regrettable that a small number of overseas judges have found it difficult to continue serving in Hong Kong, their decisions should be respected. However, their early departures do not diminish the quality or independence of the judiciary. He affirmed that despite the challenges posed by the current geopolitical climate, the Court of Final Appeal continues to benefit from the service of highly respected overseas and local non-permanent judges. Their continued presence, alongside permanent judges, demonstrates the court's enduring strength and resilience.

Chief Justice Cheung described the judiciary as "greater than any individual." Judges may come and go, but Hong Kong's judicial system is built on a solid foundation of legal principles, precedents, and a robust operational framework. While the departure of individual judges is significant, it does not weaken the system's foundation or integrity. Hong Kong's judges are well-trained, experienced, and consistently demonstrate their ability to uphold the law.