Term of UK judge Leonard Hoffman, 90, extended on Hong Kong’s top court for another 3 years
Hong Kong Free Press
Hong Kong’s leader has approved the extension of South African-born British judge Leonard Hoffman’s tenure on the city’s top court. Five foreign judges retired from, or quit, the apex court last year.
On Friday, a government statement said that Chief Executive John Lee had accepted the Chief Justice of the Court of Final Appeal (CFA)’s recommendation that Hoffman, 90, will continue as a Non-permanent Judge from Another Common Law Jurisdiction (CLNPJ) for another three year term.
He has served on the court since 1998. When his new term ends on January 11, 2028, he will be 93. “Chief Justice Andrew Cheung today (January 10) noted that Lord Hoffmann is the longest serving CLNPJ on the CFA, having held the position since 1998. His continued commitment to the CFA reflects his strong support for the rule of law and judicial independence in Hong Kong,” the statement read.
Explainer: Why do foreign judges sit on Hong Kong’s top court?
Hoffmann – who was awarded the Gold Bauhinia Star in 2014 – was born in South Africa in 1934, according to the judiciary website: “He studied at the University of Cape Town and The Queen’s College, Oxford. He was called to the English Bar at Gray’s Inn in 1964 and appointed Queen’s Counsel in 1977,” his biography says.
He served as a judge in the Courts of Appeal of Jersey and Guernsey from 1980 to 1985 before he became a Judge of the High Court of Justice, Chancery Division. In 1992, he was appointed a Lord Justice of Appeal and a Lord of Appeal in Ordinary in 1995.
The extension of Hoffman’s tenure was condemned by the Committee for Freedom in Hong Kong (CFHK) Foundation last week, who urged him to step down. The UK NGO released a report last year claiming that “foreign judges are lending legitimacy to Beijing’s crackdown on political freedoms in Hong Kong” as they called on them all to quit. Hong Kong issued an arrest warrant for one of the NGO’s members last month.
Spate of retirements, resignations
Last September, Briton Nicholas Phillips, 86, became the fifth foreign judge to depart the apex court during 2024.
A Judiciary spokesperson told HKFP at the time that Phillips “indicated recently that he did not wish to have his term of appointment extended upon its expiry on 30 September 2024 due to personal reasons.”
UK judges Lawrence Collins and Jonathan Sumption, as well as Canadian judge Beverley McLachlin, also announced their departure from the court last year, with the British judges both citing politics. Australian judge Murray Gleeson retired in March citing his age.
Overseas judges are flown to Hong Kong on an ad-hoc basis, with a visit typically lasting 29 days. The Independent reported that British judges on the CFA were typically paid £40,000 (HK$399,225) per visit, with flights, accommodation and travel also expensed.
When Sumption quit in June, he wrote a strongly-worded Financial Times opinion piece stating that judges’ freedoms had been “severely limited” amid an “oppressive atmosphere” and paranoia among the authorities. The government, in turn, said in a statement that such ideas were “utterly wrong, totally baseless, and must be righteously refuted.”
Six foreign judges remain
There are currently six foreign judges sat on Hong Kong’s CFA – Hoffmann, the UK’s David Neuberger, and four Australians: William Gummow, James Allsop, Patrick Keane and Robert French.
In a statement last September, the Judiciary said it would “continue to identify suitable local and overseas candidates for appointment as non-permanent judges.”
| Name | Year of birth | Nationality | Date of first appointment | Expiry date of present appointment |
| Leonard Hoffmann | 1934 | British (born in South Africa) | January 12, 1998 | January 11, 2028 |
| David Neuberger | 1948 | British | March 1, 2009 | February 28, 2027 |
| William Gummow | 1942 | Australian | July 29, 2013 | July 28, 2025 |
| Robert French | 1947 | Australian | May 31, 2017 | May 30, 2026 |
| Patrick Keane | 1952 | Australian | April 6, 2023 | April 5, 2026 |
| James Allsop | 1953 | Australian | May 24, 2024 | May 24, 2027 |
However, there has been no news of replacement judges since.
Common law credibility
The presence of international judges has historically lent credibility to Hong Kong’s common law legal tradition. In March 2022, Robert Reed and Patrick Hodge resigned from the Court of Final Appeal, with judicial independence continuing to be in the spotlight following the enactment of the security law.
Beijing inserted national security legislation directly into Hong Kong’s mini-constitution in June 2020 following a year of pro-democracy protests and unrest. It criminalised subversion, secession, collusion with foreign forces and terrorist acts – broadly defined to include disruption to transport and other infrastructure.
The move gave police sweeping new powers and led to hundreds of arrests amid new legal precedents, while dozens of civil society groups disappeared. The authorities say it restored stability and peace to the city, rejecting criticism from trade partners, the UN and NGOs.
Separate to the 2020 Beijing-enacted security law, the homegrown Safeguarding National Security Ordinance targets treason, insurrection, sabotage, external interference, sedition, theft of state secrets and espionage. It allows for pre-charge detention of to up to 16 days, and suspects’ access to lawyers may be restricted, with penalties involving up to life in prison.
Support HKFP | Policies & Ethics | Error/typo? | Contact Us | Newsletter | Transparency & Annual Report | Apps
Help safeguard press freedom & keep HKFP free for all readers by supporting our team
.wp-block-newspack-blocks-homepage-articles article .entry-title {
font-size: 1.2em;
}
.wp-block-newspack-blocks-homepage-articles .entry-meta {
display: flex;
flex-wrap: wrap;
align-items: center;
margin-top: 0.5em;
}
.wp-block-newspack-blocks-homepage-articles article .entry-meta {
font-size: 0.8em;
}
.wp-block-newspack-blocks-homepage-articles article .avatar {
height: 25px;
width: 25px;
}
.wp-block-newspack-blocks-homepage-articles .post-thumbnail{
margin: 0;
margin-bottom: 0.25em;
}
.wp-block-newspack-blocks-homepage-articles .post-thumbnail img {
height: auto;
width: 100%;
}
.wp-block-newspack-blocks-homepage-articles .post-thumbnail figcaption {
margin-bottom: 0.5em;
}
.wp-block-newspack-blocks-homepage-articles p {
margin: 0.5em 0;
}
HKFP has an impartial stance, transparent funding, and balanced coverage guided by an Ethics Code and Corrections Policy.
Support press freedom & help us surpass 1,000 monthly Patrons: 100% independent, governed by an ethics code & not-for-profit.