Published: 15:06, April 1, 2022 | Updated: 22:19, April 1, 2022
9 overseas judges confident in HK rule of law, stay on top court
By Li Bingcun

This picture taken on Jan 6, 2018 shows a pedestrian walking past the Hong Kong Court of Final Appeal building in Hong Kong. (VIVEK PRAKASH / AFP)

HONG KONG - Nine foreign judges, including five from the United Kingdom, confirmed on Thursday that they will stay on Hong Kong’s top court, expressing confidence in the court’s judicial independence and integrity.

The development came a day after two British judges — Lord Robert Reed and Lord Patrick Hodge, the UK Supreme Court’s president and deputy president respectively — resigned from Hong Kong’s Court of Final Appeal, reportedly after being pressured to do so by some British politicians

The development came a day after two British judges — Lord Robert Reed and Lord Patrick Hodge, the UK Supreme Court’s president and deputy president respectively — resigned from Hong Kong’s Court of Final Appeal, reportedly after being pressured to do so by some British politicians.

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However, nine of the 10 remaining non-permanent overseas judges of the Court of Final Appeal — five from the UK, three from Australia and one from Canada — confirmed they will remain. Another British judge has not announced his decision yet.

The five British judges — Lord Jonathan Sumption, Baron David Neuberger, Baron Leonard Hoffmann, Baron Nicholas Phillips and Baron Lawrence Collins — said they were “entirely satisfied” with the independence and integrity of the Court of Final Appeal.

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In a joint statement sent to Agence France-Presse, the judges said, “At a critical time in the history of Hong Kong, it is more than ever important to support the work of its appellate courts in their task of maintaining the rule of law and reviewing the acts of the executive.

“While we will continue to monitor developments, we believe that our continued participation in the work of the Court of Final Appeal is in the interest of the people of Hong Kong. We shall therefore continue to sit on the court.”

The three Australian judges — William Gummow, Anthony Gleeson and Robert French — stated in an email to the South China Morning Post that they support the judges of the Court of Final Appeal in their commitment to judicial independence.

The Canadian judge, Beverley McLachlin, also intends to stay on, according to media reports.

Fifteen Hong Kong lawmakers expressed support and appreciation for the nine judges’ decision, and refuted the British politicians’ claims that the National Security Law for Hong Kong will affect the city’s judicial independence.

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They stressed that the National Security Law was enacted in accordance with the Constitution and the Basic Law and it is also in line with international laws. It does not undermine the special administrative region’s rule of law, judicial independence, freedom of speech and political freedom, they said.

Given that Hong Kong has restored order with the security law, the lawmakers said they are confident that Hong Kong’s legal sector will continue to safeguard the SAR’s rule of law. They also suggested the authorities consider recruiting overseas judges from other common law areas and beefing up efforts to cultivate local legal talent.

The National Security Law for Hong Kong was promulgated on June 30, 2020. Reed became a non-permanent judge of the Hong Kong Court of Final Appeal in 2017, and Hodge took the post in 2021.