Andrew Cheung Kui-nung
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Andrew Cheung Kui-nung (; born 24 September 1961) is a Hong Kong judge who serves as the 3rd
Chief Justice of the Court of Final Appeal The chief justice of the Hong Kong Court of Final Appeal, sometimes informally known as the chief justice of Hong Kong, is the head of the Judiciary of Hong Kong and the chief judge of the Court of Final Appeal. The chief justice is one of t ...
. He previously served as a Permanent Judge of the same court. He was the 4th and longest-serving Chief Judge of the High Court.


Early life

Born in Hong Kong on 24 September 1961, Cheung attended
Ying Wa College Ying Wa College (also referred to as YWC, Anglo-Chinese College, ) is a direct subsidised boys' secondary school in Kowloon, Hong Kong near Nam Cheong station. It was established (as the Anglo-Chinese College) in Malacca in 1818 by the first P ...
, before reading law at the
University of Hong Kong The University of Hong Kong (HKU) (Chinese: 香港大學) is a public research university in Hong Kong Hong Kong ( (US) or (UK); , ), officially the Hong Kong Special Administrative Region of the People's Republic of China (abbr. Hon ...
(where his classmates included future judicial colleague Vice-President of the Court of Appeal
Johnson Lam Johnson Lam Man-hon () is a Permanent Judge of the Hong Kong Court of Final Appeal. Biography Early life and education Lam was born in Hong Kong in 1961. He obtained an LL.B. and P.C.LL. from the University of Hong Kong in 1983 and 1984 resp ...
and former
Hong Kong Bar Association The Hong Kong Bar Association (HKBA) is the professional regulatory body for barristers in Hong Kong. The Law Society of Hong Kong is the equivalent association for solicitors in Hong Kong. Victor Dawes SC is the current chairman of the Cou ...
chairperson Winnie Tam SC), and taking a
Master of Laws A Master of Laws (M.L. or LL.M.; Latin: ' or ') is an advanced postgraduate academic degree, pursued by those either holding an undergraduate academic law degree, a professional law degree, or an undergraduate degree in a related subject. In mo ...
degree at
Harvard Law School Harvard Law School (Harvard Law or HLS) is the law school of Harvard University, a private research university in Cambridge, Massachusetts. Founded in 1817, it is the oldest continuously operating law school in the United States. Each c ...
in the United States. Cheung served briefly as a Lecturer and Demonstrator of the
Faculty of Law A faculty is a division within a university or college comprising one subject area or a group of related subject areas, possibly also delimited by level (e.g. undergraduate). In American usage such divisions are generally referred to as colleges ...
of the University of Hong Kong on a part-time basis after graduation.


Legal career


The Bar: 1985–2001

Cheung was called to the Hong Kong Bar in 1985 as a pupil of
Audrey Eu Audrey Eu Yuet-mee is a former member of the Legislative Council of Hong Kong and was founding leader of the Civic Party. She was a member of the Executive Committee of the Civic Party, focusing on party development. In politics, Eu has fo ...
and began private practice the following year in the chambers of Henry Litton; his practice was successful and mainly involved civil and commercial cases. In 1995, he was admitted as an advocate and solicitor of the
Supreme Court of Singapore The Supreme Court of Singapore is a set of courts in Singapore, comprising the Court of Appeal of Singapore, Court of Appeal and the High Court of Singapore, High Court. It hears both civil and criminal matters. The Court of Appeal hears both ...
.


The bench: 2001–

Cheung was appointed to the bench in 2001 as a judge of the District Court of Hong Kong. Sitting first as a
Deputy High Court Judge The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal and the Crown Court, are the Senior Courts of England and Wales. Its name is abbreviated as EWHC ( Engla ...
in December 2001, he was soon elevated to the
Court of First Instance A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accorda ...
of the High Court in 2003. He was then appointed as the
Probate Probate is the judicial process whereby a will is "proved" in a court of law and accepted as a valid public document that is the true last testament of the deceased, or whereby the estate is settled according to the laws of intestacy in the st ...
Judge in 2004, before becoming the Judge in charge of the Constitutional and Administrative Law List of the High Court in 2008. His tenure was marked by a number of high-profile rulings relating to constitutional and human rights matters. In June 2011, Cheung succeeded
Geoffrey Ma Geoffrey Ma Tao-li (; born 11 January 1956) is a retired Hong Kong judge who served as the 2nd Chief Justice of the Hong Kong Court of Final Appeal— the court of last resort (or supreme court) in Hong Kong. Between 2001 and 2010, he held ...
as the Chief Judge of the High Court and President of the
Court of Appeal A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much ...
, making him the fourth local judge to hold this position. He was elected an Honorary
Bencher A bencher or Master of the Bench is a senior member of an Inn of Court in England and Wales or the Inns of Court in Northern Ireland, or the Honorable Society of King's Inns in Ireland. Benchers hold office for life once elected. A bencher ca ...
of
Lincoln's Inn The Honourable Society of Lincoln's Inn is one of the four Inns of Court in London to which barristers of England and Wales belong and where they are called to the Bar. (The other three are Middle Temple, Inner Temple and Gray's Inn.) Lincol ...
in 2017. On 21 March 2018, the
Judiciary The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
announced his appointment as a Permanent Judge of the Court of Final Appeal with effect from 25 October 2018, succeeding
Robert Tang Robert Tang Kwok-ching, GBM, SBS, JP (; born 7 January 1947) is a retired Hong Kong judge. He previously served as a permanent judge of the Court of Final Appeal, and before that, the vice-president of the Court of Appeal in Hong Kong. Follo ...
. Cheung's appointment was accompanied by the appointments of
Baroness Hale Brenda Marjorie Hale, Baroness Hale of Richmond, (born 31 January 1945) is a British judge who served as President of the Supreme Court of the United Kingdom from 2017 until her retirement in 2020, and serves as a member of the House of Lords ...
and
Beverley McLachlin Beverley Marian McLachlin (born September 7, 1943) is a Canadian jurist and author who served as the 17th chief justice of Canada from 2000 to 2017. She is the longest-serving chief justice in Canadian history and the first woman to hold the p ...
as Non-Permanent Judges of the city's top court. He held the office of Chief Judge of the High Court for 7 years, 127 days – the longest serving of the four judges who had served in the role. Cheung is a member of the
Judicial Officers Recommendation Commission The Judicial Officers Recommendation Commission (JORC, ) is a statutory body in Hong Kong responsible for advising and making recommendations to the Chief Executive on judicial appointments and related matters established after the Handover in a ...
, which makes recommendations to the
Chief Executive A chief executive officer (CEO), also known as a central executive officer (CEO), chief administrator officer (CAO) or just chief executive (CE), is one of a number of corporate executives charged with the management of an organization especially ...
on judicial appointments. He is a member of the Law Reform Commission and also chairs or is a member of various committees and working parties within the
Judiciary The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
. Cheung was announced as the 3rd
Chief Justice of the Court of Final Appeal The chief justice of the Hong Kong Court of Final Appeal, sometimes informally known as the chief justice of Hong Kong, is the head of the Judiciary of Hong Kong and the chief judge of the Court of Final Appeal. The chief justice is one of t ...
on 24 March 2020, succeeding Geoffrey Ma. His appointment took effect on 11 January 2021. He is the first local law graduate to be appointed Hong Kong's Chief Justice.


Reputation


Chief Judge

On Cheung's appointment as Chief Judge,
Donald Tsang Sir Donald Tsang Yam-kuen (; born 7 October 1944) is a former Hong Kong civil servant who served as the second Chief Executive of Hong Kong from 2005 to 2012. Tsang joined the colonial civil service as an Executive Officer in 1967, occupyin ...
praised Cheung as an outstanding lawyer, and a man of integrity who commands strong respect within and outside the judiciary.
Margaret Ng Margaret Ng Ngoi-yee (; born 25 January 1948) is a politician, barrister, writer and columnist in Hong Kong. She was a member of the Legislative Council of Hong Kong from 1995 to 2012. Biography Before entering the legal profession, Margaret ...
, who represented the legal sector as a
Civic Party The Civic Party (CP) is a pro-democracy liberal political party in Hong Kong. It is currently chaired by barrister Alan Leong. The party was formed in 2006 on the basis of the Basic Law Article 45 Concern Group, which was derived from the ...
legislator, remarked that the appointment came as little surprise; whereas
senior counsel The title of Senior Counsel or State Counsel (post-nominal letters: SC) is given to a senior lawyer in some countries that were formerly part of the British Empire. "Senior Counsel" is used in current or former Commonwealth countries or jurisdictio ...
Ronny Tong Ronny Tong Ka-wah, SC KC (; born 28 August 1950 in Hong Kong) is a Hong Kong Senior Counsel and politician. He is a current non-official member of the Executive Council of Hong Kong. He co-founded the Civic Party and was a member of the Legis ...
, who also served as a legislator with the Civic Party, similarly expressed his approval, observing that: 'He heungworks well with his colleagues in the judiciary and has a nice temperament.' At the age of 49, Tong added that Cheung's appointment would be part of the judiciary's promotion of relatively young judges to senior positions. The appointment was also welcomed by Chief Justice
Geoffrey Ma Geoffrey Ma Tao-li (; born 11 January 1956) is a retired Hong Kong judge who served as the 2nd Chief Justice of the Hong Kong Court of Final Appeal— the court of last resort (or supreme court) in Hong Kong. Between 2001 and 2010, he held ...
as well as the then Secretary for Justice
Wong Yan-lung Wong Yan-lung, GBM, SC (; born 1963) is a barrister in Hong Kong who served as the second Secretary for Justice of Hong Kong between 20 October 2005 and 30 June 2012. Early years Wong grew up in a small flat in Tai Wong Street East ( 大王 ...
. The Legislative Council Motion endorsing Cheung's appointment commended him as 'an outstanding lawyer hohas the proven ability to handle difficult and complex cases... s well asthe potential of being a good administrator... of the High Court'. The
Bar Association A bar association is a professional association of lawyers as generally organized in countries following the Anglo-American types of jurisprudence. The word bar is derived from the old English/European custom of using a physical railing to se ...
commended his 'well-earned reputation for his legal scholarship as well as his unfailing courtesy and fairness towards litigants and practitioners who appeared before him'.


Permanent Judge

Following his announcement as permanent judge of the Court of Final Appeal, academic Eric Cheung commended Cheung as an intelligent and industrious judge. Chief Executive
Carrie Lam Carrie Lam Cheng Yuet-ngor ( Cheng; ; born 13 May 1957) is a retired Hong Kong politician who served as the 4th Chief Executive of Hong Kong from 2017 to 2022. She served as Chief Secretary for Administration between 2012 and 2017 and Sec ...
praised Cheung as "an outstanding lawyer" who has dealt with high-profile cases relating to administrative and constitutional law in recent years.


Chief Justice

The announcement on 24 March 2020 of Cheung's appointment as the
Chief Justice of the Court of Final Appeal The chief justice of the Hong Kong Court of Final Appeal, sometimes informally known as the chief justice of Hong Kong, is the head of the Judiciary of Hong Kong and the chief judge of the Court of Final Appeal. The chief justice is one of t ...
was welcomed by the
Hong Kong Bar Association The Hong Kong Bar Association (HKBA) is the professional regulatory body for barristers in Hong Kong. The Law Society of Hong Kong is the equivalent association for solicitors in Hong Kong. Victor Dawes SC is the current chairman of the Cou ...
, which released a statement that he 'commands the respect of the Bar' and 'will capably discharge the duties of the Chief Justice in accordance with the requirements of the Basic Law'. Cheung's appointment was also welcomed by the
Law Society of Hong Kong The Law Society of Hong Kong is the professional association and law society for solicitors in Hong Kong, established in 1907. The Hong Kong Bar Association is the equivalent association for barristers in Hong Kong. The Law Society is currentl ...
, which issued a statement that he 'has a distinguished record of judicial service on the Bench' and 'will continue with the good tradition of Chief Justice Geoffrey Ma to head an independent Judiciary upholding the rule of law which is of cardinal importance to Hong Kong under the principle of
One Country, Two Systems "One country, two systems" is a constitutional principle of the People's Republic of China (PRC) describing the governance of the special administrative regions of Hong Kong and Macau. The constitutional principle was formulated in the earl ...
'. His appointment was also supported by former Chief Justices
Andrew Li Kwok-nang Andrew Li Kwok-nang (; born December 1948) is a retired Hong Kong judge, and a former Chief Justice of Hong Kong, who was the first to preside over the Hong Kong Court of Final Appeal, established on 1 July 1997. Li was succeeded by Geoffr ...
and
Geoffrey Ma Geoffrey Ma Tao-li (; born 11 January 1956) is a retired Hong Kong judge who served as the 2nd Chief Justice of the Hong Kong Court of Final Appeal— the court of last resort (or supreme court) in Hong Kong. Between 2001 and 2010, he held ...
. At a farewell event, Ma commented: “I would not have left this office at all if I thought that nobody was suitable to take over from me. Somebody suitable and good will be taking over, probably better than I, and I am confident of the future”. However, not all reactions were overwhelmingly positive. Legal sector lawmaker Dennis Kwok raised concerns on Cheung's previous comments regarding China's interference in Hong Kong's legal system, and other legal observers noted that Cheung is "competent but conservative". At the same time, legal scholar Simon Young Ngai-man described him as a “highly intelligent judge who approaches the case conscientiously, patiently and with an open mind”. Regarding Cheung's conservative reputation, Young remarked, “People also said Ma … would be a conservative judge on the Court of Final Appeal but this did not prove to be the case entirely,” he said. “There is a special dynamic in the ourt of Final Appealwhere judges have more time to think about the legal issues with the benefit of the wisdom of the other four judges, including the foreign judge and the assistance from the best advocates in Hong Kong and sometimes the United Kingdom.”


References

{{DEFAULTSORT:Cheung, Andrew Hong Kong judges Living people 1961 births Alumni of the University of Hong Kong Harvard Law School alumni Chief Justices of the Court of Final Appeal (Hong Kong)