FOR IMMEDIATE RELEASE     10 June 2025｜Hong Kong

Dear Fellow Hongkongers,

Today, we launch the HKROLIN Institute (https://hkrolin.org), a new initiative dedicated to defending judicial accountability and the rule of law. On this first anniversary of Lord Sumption’s stark warning—“the rule of law in Hong Kong is in grave danger” (Financial Times, 10 June 2024)—we present clear evidence of judicial overreach by Hong Kong’s apex court: the Court of Final Appeal (CFA).

This is not a political campaign. It is a call to conscience—rooted in our constitutional framework and civic duty.

Judicial Overreach at the Top

The CFA, entrusted under Articles 4 and 82 of the Basic Law to safeguard the rights and freedoms of Hong Kong’s residents, has repeatedly overstepped its constitutional bounds—undermining its own precedents and eroding public trust.

• 14 Dec 2021 – Ng Hau Yi Sidney (“Sheep Village”)
  The CFA Appeal Committee reclassified sedition as a national security offense—bypassing the legislative process under Article 23. This judicial redefinition paved the way for politically charged prosecutions, including those of Jimmy Lai and Stand News.
  
• 14 Aug 2024 – Tam Tak Chi Appeal Denial
  The CFA denied Tam’s appeal on constitutional grounds and simultaneously declared sedition constitutional—a determination only the full court should make. As documented in Complaint #1A (31 October 2024), this foreclosed proper constitutional review and paved the way for Stand News’s conviction just two weeks later, showing how judicial shortcuts facilitate political prosecutions.
  
• 6 Mar 2025 – Final Judgment in Tam Tak Chi
  The full CFA ratified sedition as a national security offense, disregarding its own precedents protecting free speech. Notably, no Overseas Non-Permanent Judges sat on this case—a sharp break from past practice, following the unlawful reclassification of sedition as a national security offense, which deprived Tam of the international oversight and human rights expertise the CFA once ensured.

These are not isolated lapses. They reveal a systemic failure—a judiciary no longer checking power, but enabling its abuse.

460 Days of Silence

Since Complaint #1 was filed on 9 March 2024, the CFA has refused to respond.

To mark this silence, we have launched the CFA Accountability Watch Clock on our homepage—tracking each day of non-response. Its inscription reads:

“Clocking the CFA’s Inaction on Complaint #1 — Every Day the Court Hides, the Clock Cries Why.”

This refusal to engage violates judicial norms and erodes public trust.

Why This Matters

Much attention has rightly focused on executive overreach and lower court failures. But the CFA’s rulings give those actions legal permanence.

In Ng Hau Yi Sidney (Sheep Village) and Tam Tak Chi, the CFA retroactively legitimized sedition prosecutions—circumventing legislative authority, constitutional review, and any proof of harm.

These rulings dismantle press freedom, peaceful protest, and civic expression—the foundation of a free society.

The Law Is Clear. The Duty Is Ours.

Our call is rooted in law, not ideology:

✔ Basic Law – Guarantees free expression; reserves national security lawmaking to LegCo (Article 23).
✔ Hong Kong Bill of Rights – Protects peaceful speech; forbids retroactive punishment.
✔ CFA Precedents – Forbid “thought crime”; affirm the court’s power to strike down unconstitutional laws.
✔ 2022 Guide to Judicial Conduct – Requires judicial integrity and transparency.

These principles do not contradict national security—they ensure its lawful, limited, and rights-compliant application.

The Global Lens

Our correspondence—including Complaint #1 and a May 27, 2024 letter to Lord Sumption and 11 Overseas NPJs—preceded Sumption’s resignation, along with two other NPJs, and his widely read Financial Times condemnation of CFA jurisprudence. Our April 22, 2025 Open Letter gave the CFA until May 22 to respond. That deadline has now passed. The remaining Overseas NPJs must now choose: defend judicial integrity—or allow their silence to speak for them.

What You Can Do

Hong Kong’s legal future belongs to all of us. You can:

✔ Read Complaints #1, #1A, and #1B → https://hkrolin.org/
✔ Demand a CFA response by July 10, 2025
✔ Urge remaining NPJs to act—before principled silence becomes passive complicity
✔ Join the CFA Accountability Watch
✔ Share this message using #CFA_AccountabilityWatch

If the CFA continues to hide behind silence, it will be judged—not just by history, but by the people it was meant to serve.

But our legal future is not lost. We can reclaim it—through vigilance, principle, and resolve.

Let us rise to that duty—not for politics, but for justice.

With respect and determination,

Chi-Sang Poon, PhD
Founder, HKROLIN Institute
Retired MIT Principal Research Scientist
Hong Kong Resident (Overseas)
Email: info@hkrolin.org
https://hkrolin.org