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My Take
Opinion
Cliff Buddle

My Take | This may be the start of a new chapter for Hong Kong’s beleaguered judiciary

  • The early indications are that the removal of two serving British judges from the city’s top court has served to reaffirm the judiciary’s independence and integrity

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The UK has withdrawn its judges from Hong Kong’s top court. Photo: EPA-EFE
Britain’s removal of its two serving judges from Hong Kong’s top court has long been seen as a “nuclear option” that would seriously undermine the judiciary. The full implications of that button being pushed last week are not yet clear. But the early indications are that it has, instead, served to reaffirm the judiciary’s independence and integrity.

Lord Reed, president of Britain’s supreme court, distinguished the judiciary from the government when announcing his resignation from the Court of Final Appeal, along with that of vice-president Patrick Hodge. “The courts in Hong Kong continue to be internationally respected for their commitment to the rule of law,” he said.

The stated reason for the judges quitting was a desire not to be seen to endorse “an administration that has departed from values of political freedom, and political expression”.

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Concerns overseas judges would pull out have existed since Beijing’s passing of a national security law in 2020. But the feared domino effect, in which Britain’s decision would prompt other foreign judges to depart, has not occurred.

Five retired British judges on the court have declared they will stay. They are right to state their presence is more important than ever at this critical point. Four more, from Australia and Canada, have also said they will continue. This is encouraging. But there is no room for complacency. It is to be hoped last week’s drama will mark the beginning of a new chapter for the beleaguered judiciary.
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Political tensions have led to fierce attacks on the courts from those who disagree with this or that ruling amid a deluge of sensitive cases arising from 2019’s civil unrest. Pro-establishment figures have called for “judicial reform”.

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