{"id":239263,"date":"2022-03-31T17:09:50","date_gmt":"2022-04-01T00:09:50","guid":{"rendered":"https:\/\/chinadigitaltimes.net\/?p=239263"},"modified":"2022-04-04T22:13:16","modified_gmt":"2022-04-05T05:13:16","slug":"senior-british-judges-resign-from-hong-kongs-highest-court-citing-erosion-of-freedoms","status":"publish","type":"post","link":"https:\/\/chinadigitaltimes.net\/2022\/03\/senior-british-judges-resign-from-hong-kongs-highest-court-citing-erosion-of-freedoms\/","title":{"rendered":"Senior British Judges Resign from Hong Kong\u2019s Highest Court, Citing Erosion of Freedoms"},"content":{"rendered":"

On Wednesday, the two most senior judges of the UK Supreme Court <\/span>resigned from their overseas positions<\/span><\/a> on Hong Kong\u2019s Court of Final Appeal, the city\u2019s highest court. The two judges\u2019 resignations further challenge the legitimacy of <\/span>Hong Kong\u2019s rule of law<\/span><\/a> and the <\/span>independence of its courts<\/span><\/a> since Beijing imposed the National Security Law in 2020. Hillary Leung at the Hong Kong Free Press reported on <\/span>the statement by one of the judges, who claimed that the administration \u201chas departed from values of political freedom, and freedom of expression<\/strong>\u201d<\/span><\/a>:<\/span><\/p>\n

Court of Final Appeal judges Right Honourable Lord Robert Reed and the Right Honourable Lord Patrick Hodge submitted their resignations on Wednesday with immediate effect.<\/span><\/p>\n

\u201cThe courts in Hong Kong continue to be internationally respected for their commitment to the rule of law,\u201d a statement from Lord Reed, who is president of the UK Supreme Court, said.<\/span><\/p>\n

\u201cNevertheless, I have concluded, in agreement with the government, that the judges of the Supreme Court cannot continue to sit in Hong Kong without appearing to endorse an administration which has departed from values of political freedom, and freedom of expression, to which the Justices of the Supreme Court are deeply committed.\u201d [<\/span>Source<\/strong><\/a>]<\/span><\/p><\/blockquote>\n

Lord Reed has served as <\/span>president of the UK Supreme Court<\/span><\/a> since 2020, and as a non-permanent judge on Hong Kong\u2019s Court of Final Appeal since 2017. Lord Hodge has served as deputy president of the UK Supreme Court since 2018, and as a non-permanent judge on the Court of Final Appeal since 2021. Since the British handover of Hong Kong to China in 1997, <\/span>the Court of Final Appeal has hosted several judges<\/span><\/a> from the UK, Canada, and Australia as non-permanent members in order to maintain a connection to the world of common law. Their presence has also <\/span>indicated international confidence<\/span><\/a> in Hong Kong\u2019s judiciary. <\/span>Hong Kong Chief Executive Carrie Lam even said so herself when Lord Hodge joined the court in 2021<\/strong><\/a>, as China Daily reported at the time:<\/span><\/p>\n

Lam said the presence of the esteemed non-permanent judges manifests the judicial independence of Hong Kong, helps maintain a high degree of confidence in its legal system and allows Hong Kong to maintain strong links with other common law jurisdictions.<\/span><\/p>\n

[…] Ronny Tong Ka-wah, senior counsel and executive councilor, said Hodge’s acceptance of the role demonstrated the international recognition of Hong Kong’s judicial independence. [<\/span>Source<\/strong><\/a>]<\/span><\/p><\/blockquote>\n

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This is huge news. Hong Kong's judiciary was the sole area untouched by China's increase of poltical control, and the presence of foreign judges have often been cited as proof that Hong Kong's courts remain independent. This will raise (more) alarm bells about the city's future. https:\/\/t.co\/OwZN9hAAGu<\/a><\/p>\n

— Iain Marlow (@iainmarlow) March 30, 2022<\/a><\/p><\/blockquote>\n