HONG KONG (AP) — Two British judges have resigned from Hong Kong’s highest court, the city’s judicial authority said, deepening concerns about the city’s Beijing-imposed rule of law. National Security Act.
The judiciary said in a statement on Thursday that Jonathan Sumption and Laurence Collins, two part-time overseas judges at Hong Kong’s Court of Final Appeal, had submitted their resignations to the mayor, but did not provide details about their decision to resign.
Collins told The Associated Press that she was stepping down “because of the political situation in Hong Kong,” but added that she “remains fully confident in the full independence of the Supreme Court and its judges.”
Sumption said he would issue a statement next week.
In a statement, Hong Kong’s Chief Justice Andrew Cheung noted their decision with regret and reiterated the judiciary’s determination to uphold the rule of law and judicial independence in Hong Kong.
Hong Kong was once a British colony and, unlike mainland China, is a common law jurisdiction. Since its return to China in 1997, Hong Kong’s Supreme Court has always been staffed by part-time judges sent from overseas.
Their resignations are a sign of confidence in Hong Kong’s rule of law and judicial independence, especially after the imposition of a national security law in 2020 that has all but wiped out public dissent and led to the arrest of many pro-democracy activists, including some of Hong Kong’s most prominent advocates.
Last week, a Hong Kong court 14 pro-democracy activists convicted In what became the largest national security case ever, they Of the 47 activists They were accused of trying to paralyze the Hong Kong government and topple the city’s leadership by securing the legislative majority needed to outright reject the budget.
Critics said the convictions showed how the broad national security law was being used against Hong Kong’s dissidents, but the Beijing and Hong Kong governments argued the law had helped restore stability to the city after mass anti-government protests in 2019. Hong Kong authorities have repeatedly insisted that the city’s judicial independence is upheld.
In March, the Hong Kong government New Domestic Security ActThis has raised concerns about an infringement of the city’s freedoms.
Hong Kong’s leader, John Lee, expressed regret over the judge’s resignation in a statement. He maintained that the human rights and freedoms guaranteed by law have not changed, nor has Hong Kong’s judicial independence.
The city bar association strongly believes that their resignations will not affect the Supreme Court’s ability to discharge its judicial functions, adding that it has “full confidence” in the independence of the city’s judiciary.
The resignation of the two judges is not the first in London. Months after the national security law came into force in June 2020, Australian Justice James Spigelman told the Australian Broadcasting Corporation he was resigning from London’s highest court for reasons “related to the content of the national security law.”
In 2021, British judge Baroness Brenda Hale also said she would step down from Hong Kong’s highest court at the end of her first term. However, according to the South China Morning Post, Baroness Hale said her decision had nothing to do with the situation in Hong Kong.
Two other judges, Justice Robert Reid and Justice Patrick Hodge, also retired in 2022. At the time, Justice Reid said he agreed with the UK government’s view that UK Supreme Court judges “cannot continue to preside over cases in Hong Kong without being seen to support a regime that has strayed from the values of political freedom and freedom of expression”.
On Friday, the Supreme Court’s website listed both Mr Saption and Mr Collins as former judges. The court also has eight non-permanent overseas judges who still serve on the court.
When the Supreme Court hears a case, it usually involves five judges: the Chief Justice, three permanent judges and one non-permanent judge from Hong Kong or one overseas non-permanent judge.
The government has previously said the presence of such overseas jurists helps maintain a high level of trust in the judicial system and allows the financial hub to maintain strong links with other common law jurisdictions.
Following the recent resignations, Chief Justice Chan said that suitable candidates from overseas common law jurisdictions will continue to be appointed to the Supreme Court as part-time judges, and that the changes in the composition of the bench will not affect the operation of the Supreme Court.
