National security law: appointment of Scottish judge to Hong Kong’s top court ‘not linked’ to Australian’s exit: Lam

The recommendation process could not even have been completed in the short span following Justice Spigelman’s resignation, chief executive says

The jurist’s departure two years ahead of schedule over issues tied to security law prompted concerns over the city’s judicial independence

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Mr Justice Patrick Hodge, deputy president of the UK’s Supreme Court, was appointed to Hong Kong’s Court of Final Appeal on Monday. Photo: Handout

Published: 1:27pm, 6 Oct 2020Updated: 12:29pm, 7 Oct 2020

Hong Kong’s leader has denied this week’s appointment of an overseas judge to the city’s top court was prompted by the exit of an Australian justice over national security law concerns.

Chief Executive Carrie Lam Cheng Yuet-ngor said at her Tuesday press briefing that the appointment of Mr Justice Patrick Hodge to the Court of Final Appeal had no relation to Mr Justice James Spigelman’s resignation on September 2, two years ahead of schedule.

“There’s definitely no linkage between the two cases,” she said.

Australian jurist James Spigelman stepped down as a non-permanent judge at Hong Kong’s Court of Final Appeal two years ahead of schedule. Photo: Fairfax Media via Getty Images

Spigelman told the Australian Broadcasting Corporation that he quit the Hong Kong court for unspecified reasons related to the city’s national security law, which Beijing imposed to criminalise acts of secession, subversion, terrorism and collusion with external forces.

His departure raised concerns about Hong Kong’s judicial independence and ability to attract foreign judges to the top court as Beijing places increasing emphasis on the city’s duty to protect national security after widespread anti-government protests.