The Basic Law of the Hong Kong Special Administrative Region allows judges from other common law jurisdictions to sit on the Court of Final Appeal. Since 1997, one overseas non-permanent judge has sat on the bench of the Court of Final Appeal in nearly all substantive appeals. The chapter provides an overview of the identities of the overseas non-permanent judges over the Court’s 24-year history and outlines how the working practices of the Court have developed to support their involvement in Hong Kong’s judiciary. An assessment of the benefits that overseas non-permanent judges provide the Court of Final Appeal and the contributions they have made to the development of the law and legal system of Hong Kong show that the use of foreign judges in Hong Kong has been highly successful.

This chapter discusses three common criticisms of using foreign judges on domestic courts. First, that the foreign judge, ignorant of local laws, customs and circumstances, will reach decisions that are legally wrong, assertive of colonial values and principles, or simply unacceptable to members of the local community. Second, the foreign judge, not being a citizen or resident of the local jurisdiction, has divided patriotic ties rendering him or her ill-suited to consider questions of constitutional significance, national security or foreign affairs. Third, the expertise of the foreign judge is no longer needed as there is already abundant domestic legal expertise. The chapter responds and reflects upon these criticisms in the context of the evolving system of overseas non-permanent judges of Hong Kong’s Court of Final Appeal since 1997.