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Letters | UK government has done Hong Kong a disservice with its role in exit of Supreme Court judges

  • Readers discuss the political decision to withdraw UK judges from Hong Kong’s top court, how the next Hong Kong administration can do better, and the benefits of a sophisticated mobile app for prisons and court services

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UK Prime Minister Boris Johnson speaks in the House of Commons on March 30. Photo: UK Parliament via PA Media / dpa
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The withdrawal of two currently serving members of the UK Supreme Court from the Hong Kong Court of Final Appeal was a political decision instigated by Boris Johnson’s government in the UK, and not by the UK Supreme Court itself. It was made at a time when Johnson wishes to be perceived as a world leader standing up to “authoritarian regimes”. It is not a decision which has at its core the best interests of the people of Hong Kong or the maintenance of the rule of law.
The UK Foreign Secretary claims that, by continuing to sit in Hong Kong’s highest court, UK judges “risk legitimising oppression”. I do not agree. Judges do not make or legitimise oppressive laws; legislators do. Judges construe fairly and objectively any harsh legislation and will strive to limit and mitigate its impact on the individual citizen.
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Calls are being made now by UK politicians and the UK press for six other retired UK judges to resign from Hong Kong’s Court of Final Appeal. That would be highly detrimental to Hong Kong.

The UK fought hard during the negotiations leading to the Sino-British Joint Declaration to provide for judges from the UK and other common law jurisdictions to sit on the Court of Final Appeal. Beijing did not want them but nevertheless agreed.

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Once the UK government made its decision to put an end to this well-established and highly successful arrangement, the two serving justices of the UK Supreme Court had no real choice but to withdraw from the Court of Final Appeal. They could not act inconsistently with the UK government’s declared Foreign Office policy position while still serving as UK Supreme Court justices. On the other hand, retired UK judges are not subject to such constraint and are free to decide for themselves whether or not to continue as members of the Court of Final Appeal. I hope sincerely that they will.

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