Two of Britain’s most senior judges have resigned from Hong Kong’s top court, citing Beijing’s imposition of a tough national security law on the territory, in a blow for the city’s reputation as a legal hub.
Lord Robert Reed, president of the Supreme Court, and Lord Patrick Hodge, who also sits on the UK’s top court, said on Wednesday they had submitted their resignations as non-permanent judges on Hong Kong’s Court of Final Appeal.
“I have concluded, in agreement with the government, that the judges of the Supreme Court cannot continue to sit in Hong Kong without appearing to endorse an administration which has departed from values of political freedom, and freedom of expression,” Lord Reed said.
The decision was taken following discussions with Dominic Raab, the UK Lord Chancellor and justice secretary.
Two members of Britain’s top court have sat on the Hong Kong court as part of an arrangement struck at the time of the region’s handover from British to Chinese rule in 1997 to support the “one country, two systems” framework. Their presence was intended to underpin the rule of law in the region.
The 2020 national security law on Hong Kong has ignited concerns both in the territory and overseas over whether the city’s respected judiciary would remain independent. Political pressure had been building in the UK on judges to stop serving in Hong Kong.
The law increased the Chinese government’s grip on the territory, which was promised a high degree of autonomy under the conditions of its handover from Britain. Crimes such as terrorism, subversion, secession and collusion with foreign elements attract penalties of up to life imprisonment.
Boris Johnson, UK prime minister, endorsed the judges’ decision. He told MPs: “They have evidently concluded the constraints of the national security law make it impossible for them to serve in the way the would want.”
Liz Truss, foreign secretary, said the situation had “reached a tipping point where it is no longer tenable for British judges to sit on Hong Kong’s leading court, and would risk legitimising oppression”.
The Hong Kong government accused the UK of “absurd and misleading accusations” against the national security law and the legal system. “Every country around the world would take threats to its national security extremely seriously. China is no different.”
The government said debate in the UK parliament on the issue meant there was “clear evidence” of political pressure, which “may well” have influenced the judges.
Beijing’s diplomatic representatives in Hong Kong said the move was evidence that the UK was attempting to “smear” Hong Kong’s legal system, and interfere in the affairs of the city.
The Hong Kong Bar Association has opposed UK judges pulling out of the territory’s courts, arguing they play an important role in serving ordinary citizens. Several retired British judges also sit in Hong Kong.
Victor Dawes SC, the association’s chair, said the move was “disappointing” and called for the remaining retired judges to stay. “Can we divorce this from politics? I don’t think so,” he said. “Events don’t happen in isolation.”
The Hong Kong Law Society, which represents solicitors, said the decision was a “matter of deep regret”.
Reed had previously told MPs that he would no longer serve as a judge in Hong Kong if he felt the independence of the Hong Kong judiciary was being undermined by China and any decision to step down would require “great care”.
Wednesday’s decision is likely to send shockwaves through the legal community and alarm foreign companies in the region who rely on Hong Kong’s legal system to ensure they can enforce contracts. James Spigelman, an Australian judge, resigned from the court in September 2020.
The move is the latest development in an increasingly difficult relationship between Beijing and the British legal profession.
Last year the Chinese government imposed sanctions on Baroness Helena Kennedy, a prominent human rights barrister, as well as a number of MPs and academics.
It also imposed restrictions on Essex Court Chambers, from where a number of barristers operate, after it accused them of “gross interference” for comments about Xinjiang, where more than 1mn Uyghurs and other Muslims have been interned since 2017.
Additional reporting by Chan Ho-him in Hong Kong
Source: Financial Times
