Crucial that overseas judges are able to put faith in Hong Kong’s legal system
- But whether they stay long term depends on the judiciary being seen to be independent and the rule of law – including the protection of human rights – observed
One of the more unusual and most important features of Hong Kong’s highest court is the presence of judges from overseas. The inclusion of foreign judges on the Court of Final Appeal is provided for by the Sino-British Joint Declaration and Basic Law.
It is, therefore, a core element of the legal system put in place for Hong Kong’s return to China in 1997. But their participation has been questioned in their home countries following the passing of the national security law last year.
Critics of the law allege the presence of these highly regarded judges provides Hong Kong’s legal system with a semblance of legitimacy it no longer merits. Britain, which provides eight of the 12 part-time judges, revealed it was reviewing the situation last year. There were fears of a mass withdrawal.
The statement by Robert Reed, president of the British Supreme Court, last week is therefore reassuring. Reed said he and his deputy, Patrick Hodge, had decided to maintain their positions as non-permanent judges on Hong Kong’s top court.
He said he had discussed the matter with Britain’s foreign secretary and Lord Chancellor. Their joint assessment was that the city’s judiciary continued to act “largely independently” of the government and its decisions remained consistent with the rule of law.
This is a welcome, if cautious, expression of confidence in the legal system. It comes at a time of tensions between Britain and China over issues including the security law and its aftermath.