Two UK judges confirm resignations from Hong Kong top court

Two UK judges confirm resignations from Hong Kong top court
by AFP Staff Writers
London (AFP) June 7, 2024

Two senior British judges said on Thursday they had resigned from Hong Kong's top court, with one citing the "political situation" after China's efforts to silence dissent in the city.

Lawrence Collins, 83, and Jonathan Sumption, 75, both former justices of the Supreme Court of the United Kingdom, confirmed to AFP that they had quit their positions on the Court of Final Appeal (CFA)

"I have resigned from the Court of Final Appeal because of the political situation in Hong Kong," Collins said in an announcement released through his London legal chambers.

"But I continue to have the fullest confidence in the Court and the total independence of its members," he added.

In a brief statement to AFP, Sumption said he had "resigned from the court" without providing any further details.

"I shall be making a statement next week," he added.

The judiciary in the former British colony confirmed their departures, noting the pair had "tendered their respective resignations" to Hong Kong's leader.

Their resignations are the first since Hong Kong enacted a homegrown national security law in March, on top of a previous security law imposed by Beijing in 2020 to quell unrest.

The United Nations, the European Union as well as countries such as the United States and Britain raised concerns that the new security law will further curtail human rights and civil liberties.

But Chinese and Hong Kong authorities insist the laws are needed to restore stability following huge, at times violent democracy protests in 2019, as well as to combat threats from "local terrorism and foreign interference".

Chief Justice Andrew Cheung noted "with regret" the UK justices' decision to quit in a statement that reiterated "the judiciary's commitment to upholding the rule of law and judicial independence in Hong Kong".

Cheung has "complete confidence that the CFA will continue to fully perform its constitutional role as the final appellate court in Hong Kong", it said, adding that "suitable candidates" from other common law jurisdictions will keep being appointed.

The statement insisted the court's operation "will not be affected by any change in membership".

- 'Values' -

Hong Kong leader John Lee defended the city's security laws on Friday, saying that it did not change the courts' ability to exercise independent judicial power.

"The only difference is that national security is now better safeguarded," he said in a statement.

Judges from common law jurisdictions are invited to sit as non-permanent members at Hong Kong's top court, which is separate from mainland China's opaque, party-controlled legal system.

Appointments of these overseas judges "help maintain a high degree of confidence in (Hong Kong's) judicial system" and enable the city to keep strong ties with other common law jurisdictions, Lee said in March.

Collins joined the court in 2011 while Sumption joined in 2019.

Veteran Australian judge James Spigelman resigned from Hong Kong's top court in September 2020, citing the earlier, Beijing-imposed national security law as the reason.

UK Supreme Court President Robert Reed and fellow judge Patrick Hodge followed suit in 2022, with the duo saying the Hong Kong government had "departed from values of political freedom and freedom of expression".

Eight overseas non-permanent judges -- including three from the UK, four from Australia and one from Canada -- remain at Hong Kong's Court of Final Appeal following the departure of Collins and Sumption.

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