Two senior British judges resigned from Hong Kong’s highest court on Wednesday citing as reason the sweeping national security law imposed by China to crack down on dissent in the former British colony.
Robert Reed, who is also the president of the UK Supreme Court, said that he and colleague Patrick Hodge would relinquish their roles with immediate effect as non-permanent judges on the Hong Kong Court of Final Appeal (CFA).
“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,” Reed said in a statement.
Britain, which handed Hong Kong back to China in 1997, has said the security law that punishes offences like subversion with up to life imprisonment has been used to curb dissent and freedoms.
London also says the law is a breach of the 1984 Sino-British Joint Declaration that paved the way for the handover.
Many of the city’s democratic campaigners have been arrested, detained or forced into exile, civil society groups shuttered and liberal media outlets forced to close under a security crackdown since the law was enacted in June 2020.
Beijing says the law has brought stability to Hong Kong, rocked by months of sometimes violent anti-government street protests in 2019, and that it includes human rights safeguards.
Hong Kong leader Carrie Lam expressed “regret and disappointment” over the move.
Lam said in a statement that foreign judges had made a valuable contribution to Hong Kong for 25 years but “we must vehemently refute any unfounded allegations that the judges’ resignations have anything to do with … the national security law”.
Hong Kong Chief Justice Andrew Cheung said in a statement that he noted with “regret” the resignations of Reed and Hodge, saying the judiciary was committed to the rule of law.
China on Wednesday said it “strongly deplored” Britain’s decision to pull two senior judges from Hong Kong’s top court over fading freedoms in the financial hub.
“By playing the ‘foreign judges’ card, it (Britain) attempts to maliciously vilify China’s policies for Hong Kong and to discredit the development of Hong Kong’s rule of law,” the Commissioner’s Office, which represents Beijing’s foreign ministry in the city, said in a statement.
British Foreign Secretary Liz Truss said Hong Kong had witnessed “a systematic erosion of liberty and democracy”.
“The situation has reached a tipping point where it is no longer tenable for British judges to sit on Hong Kong’s leading court, and (this) would risk legitimising oppression,” she added.
The presence of foreign judges in Hong Kong is enshrined in the Basic Law, the mini-constitution that guarantees the global financial hub’s freedoms and extensive autonomy under Chinese rule, including the continuation of Hong Kong’s common law traditions forged during the colonial era.
Reed has previously said he would not serve on the HKCFA in the event the judiciary in the city was undermined.
Local lawyers said the resignations would likely put pressure on the 10 other foreign Court of Final Appeal judges to quit. Six of these are British.
Those judges, also from Canada and Australia, are mostly retired senior jurists in their home countries, unlike Reed and Hodge, who were still serving.
Two other foreign judges, Britain’s Brenda Hale and Australia’s James Spigelman, have also stepped down from the city’s highest court since 2020. (Source: CNA)