Editorial | Reassurance required by foreign judges in Hong Kong in wake of resignation
- Departure of Australian from city’s top court, reportedly over the national security legislation, is a matter of concern and it is essential such top legal minds remain in place and help ensure the rule of law is observed
Foreign judges have played a pivotal role in building and maintaining the reputation of Hong Kong’s top court. These distinguished judges have served at the highest levels of the judiciary in their own countries. They bring a wealth of experience and expertise to the Court of Final Appeal. Their willingness to serve in Hong Kong provides reassurance to the world that the city’s rule of law is alive and well.
The sudden resignation of one of these judges is, therefore, a matter of regret and concern. The government revealed last week that James Spigelman, former chief justice of New South Wales, had resigned two years before the end of his tenure as a non-permanent judge.
Chief Executive Carrie Lam Cheng Yuet-ngor said the veteran judge had not given her a reason for his departure. But he told Australia’s national broadcaster he quit for reasons related to the content of the new national security law. Lam sought to offer reassurance that judicial independence remained intact.
Spigelman’s departure, after seven years as a part-time Hong Kong judge, comes at a sensitive time. The sweeping national security law, passed by Beijing in June, has raised concerns among some about its potential impact on judicial independence. Meanwhile, relations between China and some Western countries have rapidly deteriorated amid the Covid-19 pandemic and other sources of tension.
Australia, Britain and Canada – who supply the current crop of judges to the final court – all suspended their extradition treaties with Hong Kong after the security law was passed.
Sadly, the city must brace itself for further resignations of this kind. It would not be surprising, given the deterioration in relations with China, if foreign judges come under pressure from their own governments to consider stepping down. The president of Britain’s Supreme Court, himself a non-permanent judge with the Court of Final Appeal, warned in July that developments concerning the national security law were being closely watched.
It is important that foreign judges stay. They have a vital role to play in ensuring that judicial independence and the rule of law in Hong Kong are maintained. Their expertise and experience are needed more than ever now. The judiciary is facing unprecedented challenges as it seeks to do justice in sensitive cases at a time of sharp political divisions in the city.