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Natalie Wong

Hong Kong’s leader has accepted a recommendation on the appointment of a 73-year-old retired New Zealand justice to the city’s top court, following the resignation of an Australian judge more than a month ago.
The government said on Thursday that William Gillow Gibbes Austen Young would be able to serve as a non-permanent judge of the Court of Final Appeal after receiving the endorsement of the legislature, joining five other overseas justices.
“He is a judge of eminent standing and reputation. I am confident that he will contribute substantively to the Court of Final Appeal,” Chief Executive John Lee Ka-chiu said.
Young retired as a permanent judge of the Supreme Court of New Zealand in April 2022 after serving for 12 years. He then sat on the final appellate courts of Seychelles, Samoa and Fiji.
Authorities said Lee had accepted the proposal of the Judicial Officers Recommendation Commission.
The city leader said the top court would have six non-permanent judges from other common law jurisdictions – the United Kingdom, Australia and New Zealand – following the appointment.
“The presence of these esteemed overseas jurists as non-permanent judges of the Court of Final Appeal is a manifestation of the independence of the judiciary in the Hong Kong Special Administrative Region as protected by the Basic Law,” Lee said.
Chief Justice Andrew Cheung Kui-nung also welcomed Lee’s acceptance of the recommendation.
The judiciary said in a statement that the recommended appointment of Young would “provide greater flexibility” in dealing with the apex court’s caseload.
In a reply to the Post on Friday, Young acknowledged that there had been much discussion about foreign judges sitting on the bench of Hong Kong’s top court and said he did not wish to “engage in debate” about his appointment.
“I would not accept [the] appointment to that court unless satisfied that it was proper for me to do so. Apart from that, I have nothing to say that has not already been said,” he said.
The last time an overseas non-permanent judge joined the top court was last year, when Australian judge James Allsop, former chief justice of the Federal Court of Australia, was appointed.
In hearing and determining an appeal, the city’s top court comprises five judges: the chief justice; three permanent judges; and one non-permanent Hong Kong judge or one non-permanent judge from another common law jurisdiction.

Young, born in New Zealand, was educated at Christ’s College, the University of Canterbury in New Zealand and the University of Cambridge in the United Kingdom.
He was admitted as a barrister in 1975, and became a judge of the High Court of New Zealand in December 1997.
In 2010, he was promoted to the Supreme Court of New Zealand, the country’s top court, as a permanent judge until April 2022. Since his retirement, he has sat on the final appellate courts of Seychelles, Samoa and Fiji.
In 2022, he was sworn in to the Dubai International Financial Centre Courts but resigned weeks later, citing concerns of “issues of perception” to New Zealand media.
The involvement of the foreign non-permanent judges in Hong Kong has become a subject of controversy in recent years after a series of resignations following the implementation of the Beijing-imposed national security law in 2020, which drew criticism and sanctions from the West.
In March, Australian Robert French, a non-permanent judge of the Court of Final Appeal since 2017, became the latest to tender his resignation.
The 78-year-old judge told the Post that he had observed that the role of non-permanent justices had “become increasingly anachronistic and arguably cosmetic”.
At that time, the government had said the loss of the judge would not undermine the judicial system, which was protected by the city’s mini-constitution, the Basic Law.
French was the sixth foreign judge to step down from the top court over the past year, after the city’s domestic national security law was enacted under Article 23 of the Basic Law mini-constitution.
They included Briton Nicholas Addison Phillips, 87, who cited “personal reasons”, and two others in their eighties who stepped down due to their age. Australian Anthony Gleeson said he did not wish to renew his tenure upon expiry and Canadian Beverley McLachlin retired from the court at the end of her term.
British judges Jonathan Sumption and Lawrence Collins quit in June. The former wrote in a British newspaper that Hong Kong was “slowly becoming a totalitarian state”, while the latter told the Post he had resigned because of the “political situation” in the city.
The number of overseas judges sitting on the top court has fallen from 15 before Beijing imposed the 2020 national security law to five.


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Hong Kong courts

New Zealand justice set to join Hong Kong’s top court as non-permanent judge

A New Zealand justice will serve as a non-permanent judge at the Court of Final Appeal in Hong Kong following his endorsement. Photo: AFP

William Young carries out the ceremonial inspection of the guard in Wellington, New Zealand, in 2018. Photo: Getty Images

Australian judge resigns from Hong Kong’s top court, sixth to step down in year

The Court of Final Appeal currently has nine non-permanent justices. Photo: Warton Li

Justice Robert French had served on the top court since 2017. Photo: Court of Final Appeal

Canadian judge to retire from Hong Kong’s top court, becomes third member to step down

Hong Kong, the only common law jurisdiction in China, is permitted to recruit judges from elsewhere under the Basic Law, the city’s mini-constitution. Photo: Jelly Tse

Beverley McLachlin served as Canada’s chief justice from 2000 to 2017, before joining Hong Kong’s top court in 2018. Photo: Reuters

At least 4 foreign judges pledge to remain with top Hong Kong court after UK pair quit

The Hong Kong Bar Association has also said it respects the personal decisions of the two British judges. Photo: Warton Li

Jonathan Sumption (left) and Lawrence Collins have quit as non-permanent judges of Hong Kong’s Court of Final Appeal. Photos: HKCFA / UK Parliament / SCMP Composite

Chief Executive John Lee noted the courts are free from any interference. Photo: Xiaomei Chen

Chief Justice Andrew Cheung expressed regret over the resignations. Photo: Elson Li

2 British judges resign from Hong Kong’s top court in bombshell move

Judges attend the ceremonial opening of the legal year in Hong Kong. Photo: Robert Ng

Lawrence Collins. Photo: UK Parliament

Jonathan Sumption. Photo: HKCFA

The Court of Final Appeal in Central. Photo: Yik Yeung-man

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Hong Kong

Law and Crime

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William Young, 73, will serve on Court of Final Appeal after his endorsement by city legislature


William Young, 73, will serve on Court of Final Appeal after his endorsement by city legislature.
