Hong Kong government defends judicial independence after foreign judge quits top court over national security law

City is committed to rule of law and freely functioning courts, which are hallmarks of financial hub’s success, spokesman says

Despite loss of Australian judge James Spigelman, 13 other foreign justices continue to serve at highest level, he notes

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Riot police guard the Court of Final Appeal during a demonstration to mark the first anniversary of the anti-government protests on June 9. Photo: Dickson Lee

Published: 12:36am, 20 Sep 2020Updated: 2:48am, 20 Sep 2020

The Hong Kong government has defended the city’s judicial independence after doubts were raised by the resignation of a foreign judge from the top court over the national security law.

The impartiality of the courts and the common law system were the bedrock of the city’s success as a financial hub and would be protected, a spokesman said in a strongly worded statement issued on Saturday night.

The remarks came a day after it emerged Australian judge James Spigelman had stepped down as a non-permanent judge at the Court of Final Appeal, two years before his tenure was to end. He told Australia’s national broadcaster his departure was “related to the content of the national security legislation”, without elaborating.

The loss of the veteran jurist raised alarm bells in some quarters of the legal community, with experts warning more foreign judges would quit due to a loss of confidence in the legal system.

Judge James Spigelman’s departure came into effect on September 2, a day after Hong Kong’s leader said the city did not have separation of powers. Photo: Getty Images

But the government moved to allay those fears, with the spokesman saying: “Nobody should doubt the Hong Kong Special Administrative Region government’s commitment to the rule of law and judicial independence.”