Advertisement

National security law: what does the UK withdrawal of judges from Hong Kong’s top court show about respect given to city’s judiciary and government?

  • Departing judges’ statement shows continued confidence in city’s judiciary, source says, adding that the move would have minimal impact on court operations
  • Some observers say the exits are ‘respectable’, ‘long overdue’, while others worry about ‘knock-on effect’ on remaining overseas judges in Court of Final Appeal

Reading Time:5 minutes
Why you can trust SCMP
66
Hong Kong’s Court of Final Appeal. Photo: Warton Li

While supporters and detractors argue over Britain’s justification for withdrawing its last two judges from Hong Kong’s top court, legal experts and political commentators appear to agree on one issue – the city’s judicial system is still respected and seen in a separate light from the government.

The vote of confidence in that respect was spelled out in Wednesday’s statement by UK Supreme Court president Lord Robert Reed in announcing that he and vice-president Lord Patrick Hodge had resigned from serving in Hong Kong’s Court of Final Appeal.

Their departure was a response to Beijing’s implementation of the national security law in the city in 2020, which the UK government claimed would erode basic freedoms. The law also allowed Hong Kong’s leader to pick a pool of designated jurists for related cases, arguably the biggest concern among judges.
Advertisement

In his resignation statement, Reed first praised the Hong Kong’s courts’ commitment to the rule of law, before moving on to say that having consulted the UK administration, they had decided they could not appear to endorse the Hong Kong government, which they accused of depriving people of freedom of expression.

UK judges Lord Patrick Hodge (left) and Lord Robert Reed. Photo: Handout
UK judges Lord Patrick Hodge (left) and Lord Robert Reed. Photo: Handout

Among those who acknowledged Reed’s recognition was the city’s first chief justice after Hong Kong’s transfer of sovereignty to mainland China, Andrew Li Kwok-nang.

Advertisement

“A significant part of Lord Reed’s announcement is his recognition that ‘The courts in Hong Kong continue to be internationally respected for their commitment to the rule of law,” he said, in a statement to the Post.

Advertisement
Select Voice
Choose your listening speed
Get through articles 2x faster
1.25x
250 WPM
Slow
Average
Fast
1.25x