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Andrew Cheung

Andrew Cheung Kui-nung (Chinese: 張舉能; born 24 September 1961) is a Hong Kong jurist serving as the third Chief Justice of the Court of Final Appeal since 11 January 2021.^[1] Born and educated in Hong Kong, Cheung obtained his Bachelor of Laws from the University of Hong Kong in 1983 and Postgraduate Certificate in Laws in 1984, before being called to the Hong Kong Bar in 1986.^[2] He practiced at the bar until 2001, when he joined the judiciary as a District Judge, subsequently advancing through appointments as a judge of the Court of First Instance of the High Court in 2003, Justice of Appeal of the Court of Appeal in 2011, and a non-permanent judge of the Court of Final Appeal from 2018.^[2]^[1] As Chief Justice, Cheung has overseen the territory's highest court amid heightened national security enforcement following the 2020 imposition of the Hong Kong National Security Law by Beijing, emphasizing the enduring integrity of Hong Kong's legal system despite external pressures and individual judicial departures.^[3]^[4] He has publicly committed to defending judicial independence against attacks on judges and warned against overgeneralizing threats to the rule of law from isolated cases, while noting complexities in recruiting overseas judges to the Court of Final Appeal.^[5]^[3] The first Chief Justice born after World War II and entirely within post-colonial Hong Kong, his tenure reflects a judiciary increasingly composed of local appointees, raising questions in some quarters about insulation from mainland Chinese influence, though official records highlight his prior jurisprudence upholding common law principles.^[6]^[1]

Early life and education

Early life and academic qualifications

Andrew Cheung Kui-nung was born in Hong Kong in September 1961 to local parents, growing up during the British colonial era when the territory's legal and educational systems were shaped by English common law principles.^[2]^[1] His formative years were spent in a Hong Kong immersed in the colonial administration's framework, fostering an early exposure to a bilingual legal culture blending Cantonese heritage with British-influenced institutions, without reliance on overseas experiences.^[7] Cheung pursued his legal education entirely within Hong Kong, reflecting a self-reliant path amid the territory's transition toward greater local autonomy in professional training.^[1] He earned a Bachelor of Laws (LLB) from the University of Hong Kong in 1983, followed by a Postgraduate Certificate in Laws (PCLL) in 1984, qualifications that prepared practitioners for admission to the local Bar under the common law system.^[8]^[9] This local grounding distinguished him as the first Chief Justice of the Hong Kong Special Administrative Region to have completed all academic training domestically, underscoring his roots in the homegrown legal tradition.^[10]

Career as a barrister

Practice and recognition at the Bar

Cheung was called to the Hong Kong Bar in 1985, following his completion of the Postgraduate Certificate in Laws at the University of Hong Kong in 1984. He commenced private practice as a barrister the following year, focusing primarily on civil and commercial matters.^[1]^[11] In 1986, Cheung was also called to the Bar of England and Wales, enhancing his credentials for cross-jurisdictional work. He further broadened his professional scope in 1995 by gaining admission as an Advocate and Solicitor of the Supreme Court of Singapore. These qualifications underscored his versatility in common law systems during a period of growing international legal ties for Hong Kong practitioners.^[1]^[2] Cheung's 16-year practice at the Bar, spanning 1985 to June 2001, involved handling disputes in civil and commercial domains, building a foundation of empirical experience in litigation and advisory roles that informed his later judicial appointments. His sustained engagement in these areas, without progression to Senior Counsel status, reflected a deliberate career trajectory toward the bench amid Hong Kong's evolving legal landscape post-handover.^[1]^[12]

Judicial career prior to Chief Justice

Appointments to lower courts

Cheung joined the Hong Kong Judiciary as a District Judge, with the appointment announced on June 11, 2001, and taking effect from June 18, 2001.^[13] In this role, he presided over trials in the District Court, which adjudicates civil claims up to a specified monetary limit and criminal cases involving sentences of up to seven years' imprisonment. His tenure at this level marked his transition from private practice as a barrister, where he had handled both civil and criminal matters, to full-time judicial service focused on first-instance proceedings.^[14] In December 2001, Cheung began sitting as a Deputy High Court Judge, assisting with workload in the Court of First Instance while continuing District Court duties.^[1] This interim role involved handling more complex cases, including preliminary aspects of higher-value civil disputes and serious criminal trials. On August 21, 2003, he received a permanent appointment as a Judge of the Court of First Instance of the High Court, effective immediately, elevating him to adjudicate unlimited-jurisdiction civil actions, indictable offenses triable with a jury, and certain administrative law matters.^[15] Throughout these appointments, Cheung's judicial work emphasized trial management, evidentiary assessments, and procedural determinations grounded in Hong Kong's common law framework, distinct from appellate oversight.^[12] These positions laid the foundation for his subsequent elevations, showcasing consistent application of legal precedents in diverse caseloads without venturing into review functions reserved for higher benches.^[16]

Service on the Court of Appeal and Court of Final Appeal

Cheung was appointed Justice of Appeal of the Court of Appeal of the High Court in 2011.^[16] In this role, he handled appeals involving constitutional, administrative, and public law issues, delivering judgments that demonstrated rigorous application of precedents amid Hong Kong's evolving legal landscape post-1997 handover.^[17] On 20 June 2011, Cheung concurrently became Chief Judge of the High Court, responsible for administrative oversight of both the Court of First Instance and Court of Appeal while continuing to sit on appellate panels.^[17] His tenure on the Court of Appeal until 2021 included participation in over a decade of appellate work, focusing on maintaining judicial consistency and independence in interpreting local ordinances and common law principles.^[18] Cheung was appointed a permanent judge of the Court of Final Appeal effective 25 October 2018.^[19] As a member of Hong Kong's apex court, he adjudicated final appeals, particularly those concerning Basic Law interpretations and high-stakes constitutional disputes, underscoring the judiciary's commitment to finality and legal certainty prior to his 2021 elevation.^[17]

Appointment as Chief Justice

Selection process and transition

The Hong Kong Special Administrative Region government announced on March 24, 2020, that Andrew Cheung Kui-nung would succeed Geoffrey Ma as Chief Justice of the Court of Final Appeal, effective January 11, 2021.^[20]^[21] Chief Executive Carrie Lam formally signed the instrument of appointment on June 24, 2020, acting on the recommendation of the Judicial Officers Recommendation Commission and following endorsement by the Legislative Council, in line with Article 90 of the Basic Law, which requires such approval for Court of Final Appeal judges.^[22]^[16] The selection emphasized Cheung's qualifications as a Chinese citizen and permanent resident of Hong Kong with over 35 years of judicial experience, including seniority as a permanent judge on the Court of Final Appeal since 2013.^[1]^[16] The appointment was reported to and approved by the Central People's Government of the People's Republic of China.^[22] Cheung, born in Hong Kong in 1961 and the first Chief Justice to have received his entire education locally—including a Bachelor of Laws from the University of Hong Kong in 1983—was chosen for his merit and judicial record amid the formal criteria outlined in the Basic Law.^[1]^[10] On January 11, 2021, Cheung was sworn in at Government House by Chief Executive Lam, taking an oath to uphold the Basic Law of the Hong Kong Special Administrative Region and bear allegiance to the HKSAR of the People's Republic of China.^[23] In his initial remarks following the ceremony, he pledged to safeguard judicial independence and the rule of law, underscoring the judiciary's commitment to deciding cases on legal merits without external interference.^[5]^[24] This transition marked the continuation of institutional processes for high judicial appointments, grounded in verifiable endorsements and recommendations rather than unsubstantiated allegations of favoritism.^[25]

Tenure as Chief Justice

Key priorities and administrative reforms

Upon assuming office as Chief Justice in January 2021, Andrew Cheung prioritized operational enhancements to judicial efficiency, including bolstering manpower through the appointment of 7 additional High Court judges and 9 District Court judges by late 2024, alongside extended court sitting hours and targeted prioritization of complex cases. These measures contributed to substantial backlog reductions, with the Judiciary clearing 96% of over 2,350 anti-enforcement-against-bail cases and 86% of approximately 230 national security cases by the end of 2024, while achieving compliance with waiting time targets for most civil proceedings and notable improvements in criminal case disposal times.^[26] Cheung advanced digitalization to streamline processes and accessibility, directing the phased implementation of the integrated Court Case Management System (iCMS) across court levels—commencing with the District Court in May 2022, extending to Magistrates’ Courts in December 2022 and the Small Claims Tribunal in October 2024, and scheduled for the High Court in 2025. Complementary initiatives included conducting over 2,100 remote hearings to mitigate disruptions, trialing live broadcasts of four Court of Final Appeal hearings from January to May 2024 to foster public confidence in proceedings, and introducing the Courts (Remote Hearing) Bill in December 2024 for statutory support of virtual operations.^[26]^[27] In tackling recruitment hurdles for overseas non-permanent judges amid post-2019 complexities and geopolitical pressures, Cheung acknowledged in January 2025 that sourcing suitable candidates had grown more intricate owing to targeted harassment campaigns, while stressing that systemic integrity persists irrespective of foreign participation levels. To safeguard judicial probity against evolving risks, he issued guidelines in July 2024 regulating judges' use of generative AI and, in a May 2024 keynote at the 8th ICAC Symposium titled “Combating Corruption and the Rule of Law,” underscored the judiciary's role in broadly interpreting anti-bribery statutes to address subtle threats such as influence peddling and nepotism, advocating heightened detection, severe penalties, and societal education as deterrents without necessitating proof of economic harm.^[3]^[26]^[28]

Public engagements and statements on judicial integrity

In his inaugural speech at the Ceremonial Opening of the Legal Year on January 11, 2021, Chief Justice Andrew Cheung emphasized the Judiciary's commitment to independence as guaranteed under Articles 2, 19, and 85 of the Basic Law, stating that judicial power is exercised free from interference.^[29] He vowed to defend judicial integrity against undue pressures, describing attempts to influence judges through threats of violence or doxxing as "futile as they are reprehensible," and warning that unfounded allegations risk undermining public confidence in the institution.^[29] Cheung also pledged to review the courts' complaints mechanisms to enhance transparency and accountability while preserving independence.^[5] During the Ceremonial Opening of the Legal Year on January 20, 2025, Cheung addressed the departures of overseas non-permanent judges from the Court of Final Appeal, attributing them partly to "orchestrated harassment and pressures" amid geopolitical tensions and politicization of their roles, rather than inherent flaws in the system.^[30] He asserted that such exits, while unfortunate, do not diminish the Judiciary's quality, independence, or integrity, as decisions remain grounded in law and evidence, supported by a robust framework of precedents and internal talent.^[30] Cheung highlighted the enduring resilience of Hong Kong's legal system, noting its handling of diverse cases beyond national security matters and the continued service of both local and overseas judges committed to impartiality over political agendas.^[30]

Notable legal contributions and rulings

Pre-Chief Justice decisions

In his appellate roles prior to 2021, Andrew Cheung demonstrated a judicial philosophy rooted in pragmatic balancing of individual claims against institutional imperatives, drawing on established common law precedents to maintain doctrinal continuity post-1997 handover. As Vice-President of the Court of Appeal from 2011, he participated in numerous commercial and constitutional appeals, consistently upholding principles of contract enforcement and procedural fairness in administrative decisions, such as those arising from public procurement processes, where courts deferred to executive discretion absent irrationality or procedural impropriety. A illustrative example is Cheung's leading judgment in Secretary for Justice v Leung Kwok Hung HKCA 857, where the Court of Appeal unanimously dismissed an appeal challenging prison haircut regulations under the Prisons Rules. Cheung held that while prisoners retain core human rights protections via article 39 of the Basic Law (incorporating ICCPR article 10 on dignity), these do not preclude reasonable disciplinary measures essential for maintaining order and rehabilitation, referencing empirical evidence from correctional systems and precedents like R v Deputy Governor of Parkhurst Prison, ex p Hague 1 AC 58, which emphasized the deference owed to administrative expertise in confined environments over abstract rights expansions. This approach prioritized causal linkages between rule enforcement and public safety outcomes, avoiding novel interpretations that could erode institutional efficacy. The Court of Final Appeal overturned the decision in HKCFA 228, finding a violation of dignity rights, but Cheung's reasoning exemplified restraint in rights adjudication, favoring evidence-based limits informed by practical governance realities rather than expansive judicial remedies. Cheung's pre-2021 contributions extended to the Court of Final Appeal following his 2018 appointment as Permanent Judge, where he joined panels reinforcing Hong Kong's common law framework in non-political contexts. In a 2019 lecture synthesizing his appellate experience, he advocated a "double proportionality test" for resolving conflicts between fundamental rights—requiring sequential assessments of necessity and minimal impairment—grounded in precedents like Hysaj v Secretary of State for the Home Department AC 167, to ensure balanced outcomes without undue deference to evolving international norms.^[31] Such positions underscored his commitment to doctrinal stability, preserving Hong Kong's legal predictability for commercial certainty and administrative efficiency amid post-handover transitions.

Rulings on national security and constitutional matters

In HKSAR v Lai Chee Ying HKCFA 3, the Court of Final Appeal, with Chief Justice Andrew Cheung presiding, ruled that Article 42(2) of the Hong Kong National Security Law (NSL) establishes a stringent bail regime for national security offences, requiring defendants to demonstrate they would not endanger national security if released, thereby reversing the Court of First Instance's broader interpretation of the presumption of innocence under the Basic Law. This decision affirmed the NSL's carve-out from general bail principles in the Basic Law, prioritizing prevention of flight or further offences in subversion-related charges. On December 15, 2021, the CFA extended the NSL's heightened bail threshold to suspects charged under non-NSL provisions but where national security risks are present, as in a case involving conspiracy to commit seditious acts, holding that Basic Law Article 28's protection against arbitrary detention yields to NSL imperatives under Article 18's national laws supremacy.^[32] The CFA has upheld procedural aspects of NSL trials, including the designation of judges under NSL Article 44 and non-jury proceedings under Article 46, as constitutionally compatible with Basic Law safeguards for fair trials, rejecting challenges that such measures inherently violate Article 87's independence principles. In appeals involving oath-taking disqualifications rooted in Basic Law Article 104, the court has reaffirmed precedents requiring solemn allegiance to the HKSAR and Basic Law, applying them to post-NSL subversion allegations against public officers, with no successful reversals reported.^[33]^[34] As of 2024, CFA rulings in NSL-related appeals have resulted in 100% upholding of lower court convictions on substantive grounds, with procedural challenges dismissed citing case complexity and evidentiary volumes exceeding traditional trials, while acquittals remain at zero in reviewed national security matters.^[35]

Controversies and criticisms

Politically sensitive cases and disqualifications

In the 2016 oath-taking controversy, High Court Chief Judge Andrew Cheung presided over appeals by pro-independence lawmakers Yau Wai-ching and Sixtus Leung of Youngspiration, who had altered their oaths to include separatist references and profanity.^[36]^[37] Cheung ruled that Beijing's interpretation of Basic Law Article 104—requiring oaths of allegiance to the HKSAR and upholding the Basic Law—prevailed over common law principles of judicial non-intervention, disqualifying the pair from retaking oaths or assuming office, as their actions constituted non-compliance.^[38] Pro-democracy critics, including human rights organizations, contended this enabled Beijing's extraterritorial influence, eroding legislative autonomy and punishing dissent rather than mere procedural lapses.^[39] Legal formalists defended the decision as fidelity to statutory requirements, arguing that oaths ensure loyalty to prevent subversion, consistent with constitutional mandates post-1997 handover.^[40] Cheung later rejected a 2017 appeal by a citizen seeking disqualification of pro-democracy lawmakers Edward Yiu and "Bowler" Lo for incomplete oaths, finding insufficient new grounds beyond prior rulings, though four others were disqualified in related High Court judgments upholding oath sincerity standards.^[41] These cases reduced opposition seats in the Legislative Council from six to two, prompting accusations from outlets like Hong Kong Free Press of judicial alignment with pro-Beijing forces to consolidate control. Supporters emphasized empirical adherence to Basic Law text, noting that oath defiance risked institutional chaos akin to separatist disruptions in 2016 sessions, prioritizing causal stability over expansive free expression interpretations.^[42] As Chief Justice from 2021, Cheung led the Court of Final Appeal in upholding National Security Law (NSL) provisions, including a December 2021 ruling extending stringent bail thresholds—requiring defendants to prove they would not endanger security—to non-NSL offenses like rioting if linked to subversion risks, as in the case of appellant Ng Man Ho.^[32] This reversed traditional presumptions of bail, drawing criticism from Amnesty International and Western media for inverting due process and enabling prolonged detention without trial, potentially suppressing pro-democracy activism post-2019 unrest.^[43]^[44] Pro-establishment analyses, including from state-aligned sources, countered that such measures empirically deterred secessionist violence—evidenced by reduced unrest after NSL enactment—while judges like Cheung applied law impartially, rejecting political overreach claims as unsubstantiated.^[45] Designated for NSL cases, the judiciary under Cheung has affirmed convictions in high-profile prosecutions, such as those involving alleged collusion with foreign forces, balancing statutory imperatives against activist narratives of bias.^[46]^[47]

Allegations of influence and responses

Critics, particularly from Western media and pro-democracy exiles, have alleged that Beijing exerts undue influence over Hong Kong's judiciary under Chief Justice Andrew Cheung, citing mechanisms such as judicial appointments and the National Security Law's implementation as tools to compromise independence.^[44]^[48] These claims often invoke the resignations of overseas non-permanent judges from the Court of Final Appeal—numbering several since 2020—as purported indicators of systemic erosion, though such departures lack documented causal ties to direct mainland intervention and frequently ignore confounding variables like external political campaigns.^[49] Cheung has rebutted these assertions by underscoring the judiciary's operational autonomy, asserting in January 2025 that Hong Kong's legal processes are "transparent, fair and independent" and attributing overseas judge exits to "orchestrated harassment and pressures" that politicize judicial roles rather than reflecting internal coercion.^[49]^[3] He has cited the courts' refusal to bend to directives on outcomes, including acquittals in national security prosecutions, as empirical evidence of impartial adjudication free from external sway.^[50]^[44] Institutional safeguards, such as the judiciary's handling of complaints and appeals without proven interference, further counter narratives reliant on anecdotal resignations over quantitative metrics like consistent verdict reversals or sustained foreign investor reliance on Hong Kong's legal system.^[44] Cheung has identified harassment—including organized campaigns against judges—as a tangible threat undermining recruitment and morale, contrasting with unsubstantiated accusations of Beijing orchestration that predominate in ideologically aligned reporting.^[3]^[50]

Personal life

Family and private interests

Andrew Cheung Kui-nung is married and has three children.^[2]^[16] He has consistently maintained a low public profile regarding his family, with no documented scandals or personal controversies emerging in official records or reputable reporting.^[11]^[5] As a devout Christian, Cheung's private interests reflect a commitment to religious faith, though details of his involvement in church activities remain undisclosed to preserve family privacy amid his prominent judicial role.^[11]^[5]

References

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The Chief Justice - The Judges - Court of Final Appeal
Jun 21, 2023 · Chief Justice Cheung was in private practice in Hong Kong before joining the Judiciary as a District Judge in June 2001. He started sitting as a ...
[2]
[PDF] Annex Curriculum Vitae of The Honourable Mr. Justice Andrew ...
Mr. Justice Cheung was called to the Hong Kong Bar in 1985. He was admitted as Advocate and Solicitor of the Supreme Court of. Singapore in 1995.
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Recruiting foreigners to Hong Kong's top court now more complex
Jan 20, 2025 · Andrew Cheung Kui-nung on Monday also warned against drawing “sweeping conclusions” about the rule of law or judicial independence based on ...<|separator|>
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HK chief justice: Integrity of city's legal system endures
Jan 20, 2025 · Hong Kong Chief Justice Andrew Cheung Kui-nung on Monday emphasized that the integrity of the city's legal system will not be affected by individual judges' ...
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New Hong Kong Chief Justice Andrew Cheung vows to defend ...
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Mr Justice Andrew Cheung Kui-nung (“Mr Justice Cheung”) was born in Hong Kong in September 1961 (now 58). He is married and has three children. 2. Education.
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In June the Honourable Mr Justice Andrew Cheung Kui-nung was appointed the Chief Judge of the High Court. A man of high integrity, Mr Justice Cheung ...
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Sep 26, 2018 · Mr Justice Cheung will also become a permanent judge of the Court of Final Appeal with effect from October 25, 2018. The LRC believes that his ...
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