No need to fear Beijing’s white paper, says top British judge Lord Neuberger
Call for judges to be patriotic dismissed as consistent with present oath of allegiance
The UK Supreme Court's president, who also sits on Hong Kong's top court, has dismissed worries over demands in Beijing's white paper for local judges to be patriotic, saying the requirement is "not inconsistent" with judicial independence.
Neuberger, a non-permanent judge on the city's Court of Final Appeal since 2009, said judges were expected to be patriotic to the extent that they took an oath of allegiance. "I took an oath to bear allegiance to the Hong Kong Special Administrative Region of the PRC," he added.
"Judicial independence is not inconsistent with judicial patriotism. The way in which judges demonstrate their patriotism is by an irrevocable and undiluted commitment to the rule of law."
Neuberger's position stood in contrast to the cautious attitude displayed by Andrew Li Kwok-nang, chief justice for 13 years before he stepped down in 2011.
The way in which judges demonstrate their patriotism is by an irrevocable and undiluted commitment to the rule of law
Li said in an article this month that the patriotism referred to in the white paper had been widely perceived as meaning "supportive of and cooperating with" the central and local governments, and protecting their interests. He said judges should not be pro or anti anyone "under the principle of judicial independence".
