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Terence Arnold picked for Hong Kong’s top court, pending lawmakers’ endorsement

Hong Kong’s leader has accepted a recommendation to appoint the retired New Zealand judge to the Court of Final Appeal. Legislative Council endorsement is still required.

Entrance of Hong Kong’s Court of Final Appeal
File photo of the entrance to Hong Kong’s Court of Final Appeal, photographed in 2011. Smuconlaw, ‘Entrance of the Court of Final Appeal, Hong Kong - 20111219’ (resized and converted to WebP). CC BY-SA 4.0.Image sourceImage licence: CC BY-SA 4.0
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Hong Kong Chief Executive John Lee accepted a recommendation on October 16 to appoint retired New Zealand judge Terence Arnold as a non-permanent judge of the city’s Court of Final Appeal. The appointment still requires Legislative Council endorsement, making that vote the next step before he can take the seat.

The recommendation came from the Judicial Officers Recommendation Commission. Under the process set out in the government’s announcement, Lee will make the appointment after lawmakers endorse it. The government said it would seek their endorsement in due course.

Why the Court of Final Appeal is adding an overseas judge

If endorsed, Arnold would become the court’s sixth non-permanent judge drawn from an overseas common-law jurisdiction, according to RTHK and the government announcement. Hong Kong Free Press reported that the Judiciary expects his appointment to give the court greater flexibility in handling its caseload. The court already has five other foreign jurists serving in that capacity.

RTHK reported that Arnold would fill the place left by Australian judge William Gummow, who died in September aged 83. The Judiciary welcomed Lee’s acceptance of the recommendation, the broadcaster reported.

Arnold’s judicial career and the court’s recent departures

Arnold retired as a permanent judge of the Supreme Court of New Zealand in April 2017. Hong Kong Free Press reported that he had served on that court since 2013 and was New Zealand’s solicitor-general from 2000 to 2006. He was also appointed to a 2018 inquiry into civilian deaths and injuries during Operation Burnham, a New Zealand military operation in Afghanistan.

The appointment follows departures from Hong Kong’s overseas judicial roster. Hong Kong Free Press reported that some judges have resigned or declined to renew their terms since the introduction of national security legislation. Former overseas judge Robert French, who resigned in April 2025, described the role as ‘increasingly anachronistic and arguably cosmetic.’ The report also cited criticism from former judge Jonathan Sumption.

Lee took a different view in the government announcement, saying overseas judges’ participation demonstrated confidence in Hong Kong’s judicial system and reflected the independence of its judiciary. Those were Lee’s assessments of the court; lawmakers’ endorsement remains necessary for Arnold’s appointment.

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