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The Hong Kong Bar Association has also said it respects the personal decisions of the two British judges. Photo: Warton Li

At least 4 foreign judges pledge to remain with top Hong Kong court after UK pair quit

  • Three Australians and one Briton say they will remain as non-permanent judges of the Court of Final Appeal
At least half of the eight remaining overseas judges who sit on Hong Kong’s top court have pledged to remain after two of their British peers resigned in an abrupt move that the city’s leader and chief justice both described as regrettable.

Chief Executive John Lee Ka-chiu also said on Friday that the judicial system’s independence and operations would not be affected by the resignation of Lawrence Collins and Jonathan Sumption, two British non-permanent judges appointed to the Court of Final Appeal.

Collins told the Post on Thursday he had resigned “because of the political situation in Hong Kong”, but added that he continued to have the “fullest confidence” in the court and the total independence of its members.

Of the eight remaining overseas non-permanent judges on the top court, three are from Britain, four from Australia and one from Canada. They are aged from 71 years to 90. Four of them told the Post on Friday they had no intention of quitting.

Jonathan Sumption (left) and Lawrence Collins have quit as non-permanent judges of Hong Kong’s Court of Final Appeal. Photos: HKCFA / UK Parliament / SCMP Composite

British judge David Neuberger, appointed to the top court in 2009, was among those pledging to stay on.

“So far as I am concerned, my present intention is to stay on as a non-permanent judge, and to support my colleagues in the Court of Final Appeal for whom I have great respect, and more generally to support the rule of law in Hong Kong, as best I can,” he said.

Neuberger said it was a “personal decision” whether one should continue or quit, adding it would not be appropriate for him to comment on the two resignations.

Three Australian judges, Robert French, 77, Patrick Keane, 71, and James Allsop, also 71, said in separate replies to the Post that they would remain with the court.

French, who has been with the top court since 2017, said he would continue as a non-permanent judge to “support the judges of the Court of Final Appeal in their commitment to the rule of law and judicial independence”.

Keane told the Post he “remains committed to supporting the work of the judiciary and legal profession of Hong Kong” while Allsop, appointed in March this year, said he intended to take up his commission and sit on the court.

Hong Kong, the only common law jurisdiction in China, is permitted to recruit judges from elsewhere under its mini-constitution. The tradition is seen as an indicator of confidence in the city’s rule of law.

In hearings and for determining an appeal, the top court is constituted by five judges, comprising the chief justice, three permanent judges and a non-permanent one from the city or another common law jurisdiction.

Earlier, city leader Lee expressed regret over the two judges resigning.

On Collins’ statement that he had resigned because of the political situation, Lee stressed the 2019 protests had “seriously threatened” national security and safety of the city.

“Hong Kong has transitioned from chaos to order. That did not change the human rights and freedoms enjoyed by citizens in accordance with the law. Nor did it change the courts’ exercise of independent judicial power, free from any interference,” Lee said.

Chief Executive John Lee noted the courts are free from any interference. Photo: Xiaomei Chen

Lee noted that Collins had stated he continued to have the “fullest confidence in the court and the total independence of its members”.

He added that the rights and freedoms of Hongkongers, as stipulated in international conventions and the Basic Law, the city’s mini-constitution, would not change in the future with the enactment of two national security laws.

Chief Justice Andrew Cheung Kui-nung also expressed regret in a statement issued on behalf of himself and the city’s permanent judges. He said they were grateful for the non-permanent judges’ valuable contributions to the work of the court, with overseas justices having played a significant role since the city’s return to Chinese rule in 1997.

“The chief justice reiterates the judiciary’s commitment to upholding the rule of law and judicial independence in Hong Kong guaranteed under the Basic Law,” the statement said.

“All judges and judicial officers will continue to abide by the judicial oath and administer justice in full accordance with the law, without fear or favour, self-interest or deceit.

“The chief justice has complete confidence that the CFA [Court of Final Appeal] will continue to fully perform its constitutional role as the final appellate court in Hong Kong. Its operation will not be affected by any change in membership of the court.”

Currently, there are four non-permanent local judges and eight from other common law jurisdictions in the top court.

Chief Justice Andrew Cheung expressed regret over the resignations. Photo: Elson Li

Cheung said suitable candidates from overseas common law jurisdictions would continue to be appointed.

The Hong Kong Bar Association also said it respected the personal decisions of the two British judges.

“The Bar strongly believes that their resignations will not affect the ability of our apex court in discharging its judicial functions and has every confidence in the independence of our judicial system,” a spokesman said.

Law Society president Chan Chak-ming said the body was grateful to all current and former non-permanent judges “for their faithful and fearless discharge of their important role in the administration of justice in accordance with the law”.

He also expressed his support for the “continuation of the role of overseas [non-permanent judges] in the administration of justice”.

“The Law Society has full confidence in Hong Kong’s judicial independence and integrity,” he said.

Additional reporting by Wynna Wong

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