ABSTRACT
This chapter begins by outlining the basics of the ‘overseas judge’ system as it operates in Hong Kong and shows that the justification generally proffered is different than those made for similar systems elsewhere. There is also a practical argument against assigning overseas judges to sit on National Security Law (NSL) cases. Notwithstanding the rather narrow demographic profile they represent, the overseas judges have always come to Hong Kong with distinguished prior roles and reputations. Opponents argued that the text of the Basic Law meant that it should entirely a matter for the Court itself to decide how to use the overseas judges. While there are costs, voluntary exclusion of the overseas judges from hearing cases brought under the NSL also has clear benefits. Judges designated to hear NSL cases may preside over alleged offences of subversion not only of the regional government but also of the state.
