National security law: Australian judge’s early resignation no reflection on Hong Kong’s rule of law, judicial independence, Lam says

While Justice James Spigelman told Australian broadcaster his departure related to new law’s content, city leader declines to speculate on rationale

Lam says Hong Kong government, Chinese foreign ministry ‘have gone all out’ to counter international misperceptions of the legislation

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Hong Kong Chief Executive Carrie Lam conceded Justice James Spigelman’s resignation has presented perception problems. Photo: Nora Tam

Published: 1:09pm, 22 Sep 2020Updated: 10:43pm, 22 Sep 2020

Hong Kong’s leader on Tuesday insisted the city’s judicial independence remained intact under the national security law, even though an Australian judge had said his resignation from the top court was directly related to the sweeping legislation.

Chief Executive Carrie Lam Cheng Yuet-ngor acknowledged in her weekly press briefing that there were perception concerns over Justice James Spigelman’s resignation, but said the lack of elaboration on his departure to date, save for an announcement in the government gazette, was routine procedure.

Spigelman quit as a non-permanent judge of the Hong Kong Court of Final Appeal on September 2 – two years ahead of schedule – without providing a rationale. But he later told the Australian Broadcasting Corporation he left for unspecified reasons “related to the content of the national security legislation”.

In an interview with the Australian Broadcasting Corporation, Justice James Spigelman said he quit Hong Kong’s top court over the national security law. Photo: Getty Images

Effective since June 30, the law Beijing enacted for Hong Kong criminalises acts of secession, subversion, terrorism and collusion with external forces.

Lam said she would not speculate on Spigelman’s reason for resigning from his post, despite his comments to the Australian network.